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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ENVIRONMENTAL SAFETY (415 ILCS 5/) Environmental Protection Act. 415 ILCS 5/42 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) Sec. 42. Civil penalties. (a) Except as provided in this Section, any person that violates any
provision of this Act or any regulation adopted by the Board, or any permit
or term or condition thereof, or that violates any order of the Board pursuant
to this Act, shall be liable for a civil penalty of not to exceed
$50,000 for the violation and an additional civil penalty of not to exceed
$10,000 for each day during which the violation continues; such penalties may,
upon order of the Board or a court of competent jurisdiction, be made payable
to the Environmental Protection Trust Fund, to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act. (b) Notwithstanding the provisions of subsection (a) of this Section: (1) Any person that violates Section 12(f) of this | | Act or any NPDES permit or term or condition thereof, or any filing requirement, regulation or order relating to the NPDES permit program, shall be liable to a civil penalty of not to exceed $10,000 per day of violation.
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| (2) Any person that violates Section 12(g) of this
| | Act or any UIC permit or term or condition thereof, or any filing requirement, regulation or order relating to the State UIC program for all wells, except Class II wells as defined by the Board under this Act, shall be liable to a civil penalty not to exceed $2,500 per day of violation; provided, however, that any person who commits such violations relating to the State UIC program for Class II wells, as defined by the Board under this Act, shall be liable to a civil penalty of not to exceed $10,000 for the violation and an additional civil penalty of not to exceed $1,000 for each day during which the violation continues.
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| (3) Any person that violates Sections 21(f), 21(g),
| | 21(h) or 21(i) of this Act, or any RCRA permit or term or condition thereof, or any filing requirement, regulation or order relating to the State RCRA program, shall be liable to a civil penalty of not to exceed $25,000 per day of violation.
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| (4) In an administrative citation action under
| | Section 31.1 of this Act, any person found to have violated any provision of subsection (o) of Section 21 of this Act shall pay a civil penalty of $500 for each violation of each such provision, plus any hearing costs incurred by the Board and the Agency. Such penalties shall be made payable to the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act; except that if a unit of local government issued the administrative citation, 50% of the civil penalty shall be payable to the unit of local government.
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| (4-5) In an administrative citation action under
| | Section 31.1 of this Act, any person found to have violated any provision of subsection (p) of Section 21, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 of this Act shall pay a civil penalty of $1,500 for each violation of each such provision, plus any hearing costs incurred by the Board and the Agency, except that the civil penalty amount shall be $3,000 for each violation of any provision of subsection (p) of Section 21, Section 22.38, Section 22.51, Section 22.51a, or subsection (k) of Section 55 that is the person's second or subsequent adjudication violation of that provision. The penalties shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act; except that if a unit of local government issued the administrative citation, 50% of the civil penalty shall be payable to the unit of local government.
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| (5) Any person who violates subsection 6 of Section
| | 39.5 of this Act or any CAAPP permit, or term or condition thereof, or any fee or filing requirement, or any duty to allow or carry out inspection, entry or monitoring activities, or any regulation or order relating to the CAAPP shall be liable for a civil penalty not to exceed $10,000 per day of violation.
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| (6) Any owner or operator of a community water system
| | that violates subsection (b) of Section 18.1 or subsection (a) of Section 25d-3 of this Act shall, for each day of violation, be liable for a civil penalty not to exceed $5 for each of the premises connected to the affected community water system.
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| (7) Any person who violates Section 52.5 of this Act
| | shall be liable for a civil penalty of up to $1,000 for the first violation of that Section and a civil penalty of up to $2,500 for a second or subsequent violation of that Section.
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| (b.5) In lieu of the penalties set forth in subsections (a) and (b) of
this Section, any person who fails to file, in a timely manner, toxic
chemical release forms with the Agency pursuant to Section 25b-2
of this Act
shall be liable for a civil penalty of $100 per day for
each day the forms are
late, not to exceed a maximum total penalty of $6,000. This daily penalty
shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the Agency pursuant
to Section 25b-6 of this Act; and the penalty shall be paid to the Agency. The
daily accrual of penalties shall cease as of January 1 of the following year.
All penalties collected by the Agency pursuant to this subsection shall be
deposited into the Environmental Protection Permit and Inspection Fund.
(c) Any person that violates this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any Board order and
causes the death of fish
or aquatic life shall, in addition to the other penalties provided by
this Act, be liable to pay to the State an additional sum for the
reasonable value of the fish or aquatic life destroyed. Any money so
recovered shall be placed in the Wildlife and Fish Fund in the State
Treasury.
(d) The penalties provided for in this Section may be recovered in a
civil action.
(e) The State's Attorney of the county in which the violation
occurred, or the Attorney General, may, at the request of the Agency or
on his own motion, institute a civil action for an injunction, prohibitory or mandatory, to
restrain violations of this Act, any rule or regulation adopted under this Act,
any permit or term or condition of a permit, or any Board order, or to require such other actions as may be necessary to address violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the violation
occurred, or the Attorney General, shall bring such actions in the name
of the people of the State of Illinois.
Without limiting any other authority which may exist for the awarding
of attorney's fees and costs, the Board or a court of competent
jurisdiction may award costs and reasonable attorney's fees, including the
reasonable costs of expert witnesses and consultants, to the State's
Attorney or the Attorney General in a case where he has prevailed against a
person who has committed a willful, knowing, or repeated violation of this Act,
any rule or regulation adopted under this Act, any permit or term or condition
of a permit, or any Board order.
Any funds collected under this subsection (f) in which the Attorney
General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any funds
collected under this subsection (f) in which a State's Attorney has
prevailed shall be retained by the county in which he serves.
(g) All final orders imposing civil penalties pursuant to this Section
shall prescribe the time for payment of such penalties. If any such
penalty is not paid within the time prescribed, interest on such penalty
at the rate set forth in subsection (a) of Section 1003 of the Illinois Income
Tax Act, shall be paid for the period from the date payment is due until the
date payment is received. However, if the time for payment is stayed during
the pendency of an appeal, interest shall not accrue during such stay.
(h) In determining the appropriate civil penalty to be imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), (b)(5), (b)(6), or (b)(7) of this
Section, the Board is authorized to consider any matters of record in
mitigation or aggravation of penalty, including, but not limited to, the
following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
| | part of the respondent in attempting to comply with requirements of this Act and regulations thereunder or to secure relief therefrom as provided by this Act;
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| (3) any economic benefits accrued by the respondent
| | because of delay in compliance with requirements, in which case the economic benefits shall be determined by the lowest cost alternative for achieving compliance;
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| (4) the amount of monetary penalty which will serve
| | to deter further violations by the respondent and to otherwise aid in enhancing voluntary compliance with this Act by the respondent and other persons similarly subject to the Act;
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| (5) the number, proximity in time, and gravity of
| | previously adjudicated violations of this Act by the respondent;
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| (6) whether the respondent voluntarily
| | self-disclosed, in accordance with subsection (i) of this Section, the non-compliance to the Agency;
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| (7) whether the respondent has agreed to undertake a
| | "supplemental environmental project", which means an environmentally beneficial project that a respondent agrees to undertake in settlement of an enforcement action brought under this Act, but which the respondent is not otherwise legally required to perform; and
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| (8) whether the respondent has successfully completed
| | a Compliance Commitment Agreement under subsection (a) of Section 31 of this Act to remedy the violations that are the subject of the complaint.
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| In determining the appropriate civil penalty to be imposed under subsection
(a) or paragraph (1), (2), (3), (5), (6), or (7) of subsection (b) of this Section, the
Board shall ensure, in all cases, that the penalty is at least as great as the
economic benefits, if any, accrued by the respondent as a result of the
violation, unless the Board finds that imposition of such penalty would result
in an arbitrary or unreasonable financial hardship. However, such civil
penalty
may be off-set in whole or in part pursuant to a supplemental
environmental project agreed to by the complainant and the respondent.
(i) A person who voluntarily self-discloses non-compliance to the Agency,
of which the Agency had been unaware, is entitled to a 100% reduction in the
portion of the penalty that is not based on the economic benefit of
non-compliance if the person can
establish the following:
(1) that either the regulated entity is a small
| | entity or the non-compliance was discovered through an environmental audit or a compliance management system documented by the regulated entity as reflecting the regulated entity's due diligence in preventing, detecting, and correcting violations;
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| (2) that the non-compliance was disclosed in writing
| | within 30 days of the date on which the person discovered it;
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| (3) that the non-compliance was discovered and
| | (i) the commencement of an Agency inspection,
| | investigation, or request for information;
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| (ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
| | Illinois Attorney General, or the State's Attorney of the county in which the violation occurred;
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| (iv) the reporting of the non-compliance by an
| | employee of the person without that person's knowledge; or
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| (v) imminent discovery of the non-compliance by
| | (4) that the non-compliance is being corrected and
| | any environmental harm is being remediated in a timely fashion;
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| (5) that the person agrees to prevent a recurrence of
| | (6) that no related non-compliance events have
| | occurred in the past 3 years at the same facility or in the past 5 years as part of a pattern at multiple facilities owned or operated by the person;
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| (7) that the non-compliance did not result in serious
| | actual harm or present an imminent and substantial endangerment to human health or the environment or violate the specific terms of any judicial or administrative order or consent agreement;
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| (8) that the person cooperates as reasonably
| | requested by the Agency after the disclosure; and
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| (9) that the non-compliance was identified
| | voluntarily and not through a monitoring, sampling, or auditing procedure that is required by statute, rule, permit, judicial or administrative order, or consent agreement.
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| If a person can establish all of the elements under this subsection except
the element set forth in paragraph (1) of this subsection, the person is
entitled to a 75% reduction in the portion of the penalty that is not based
upon the economic benefit of non-compliance.
For the purposes of this subsection (i), "small entity" has the same meaning as in Section 221 of the federal Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601).
(j) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates Section 22.52 of this Act shall be liable for an additional civil penalty of up to 3 times the gross amount of any pecuniary gain resulting from the violation.
(k) In addition to any other remedy or penalty that may apply, whether civil or criminal, any person who violates subdivision (a)(7.6) of Section 31 of this Act shall be liable for an additional civil penalty of $2,000.
(Source: P.A. 102-310, eff. 8-6-21.)
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415 ILCS 5/43
(415 ILCS 5/43) (from Ch. 111 1/2, par. 1043)
Sec. 43.
(a) In circumstances of substantial danger to the environment or
to the public health of persons or to the welfare of persons where such
danger is to the livelihood of such persons, the State's Attorney or
Attorney General, upon request of the Agency or on his own motion, may
institute a civil action for an immediate injunction to halt any
discharge or other activity causing or contributing to the danger or to
require such other action as may be necessary. The court may issue an ex
parte order and shall schedule a hearing on the matter not later than 3
working days from the date of injunction.
(b) If any term or condition of an NPDES permit issued under this
Act for discharges from a publicly owned or publicly regulated sewage
works is violated, the use of the sewage works by a contaminant source
not using the works prior to a finding that the condition was violated:
(i) may be prohibited by the public body owning or regulating such
sewage works, pursuant to State law or local ordinance; or
(ii) may be prohibited or restricted under the provisions of Title
VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.
(c) If an industrial user of a publicly owned or publicly regulated
sewage works is not in compliance with a system of user charges required
under State law or local ordinance or regulations or as a term or
condition of any NPDES permit issued under this Act to the sewage works
into which the user is discharging contaminants, the system of charges
may be enforced directly against the industrial user--
(i) by the public body owning or regulating such sewage works,
pursuant to State law or local ordinance; or
(ii) under the provisions of Title VIII of this Act; or
(iii) the State's Attorney of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on
his own motion, may proceed in a court of competent jurisdiction to
secure such relief.
(Source: P.A. 78-862.)
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415 ILCS 5/44
(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
Sec. 44. Criminal acts; penalties.
(a) Except as otherwise provided in this Section, it shall be
a Class A misdemeanor to violate this Act or
regulations thereunder, or any permit or term or condition thereof, or
knowingly to submit any false information under this Act or regulations
adopted thereunder, or under any permit or term or condition thereof.
A court may, in addition to any other penalty herein imposed, order a person
convicted of any violation of this Act to perform
community service for not less than 100 hours and not more than 300 hours if
community service is available in the jurisdiction.
It shall be the duty of all State and local law-enforcement officers to
enforce such Act and regulations, and all such officers shall have
authority to issue citations for such violations.
(b) Calculated Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Calculated | | Criminal Disposal of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste while knowing that he thereby places another person in danger of great bodily harm or creates an immediate or long-term danger to the public health or the environment.
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(2) Calculated Criminal Disposal of Hazardous Waste
| | is a Class 2 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Calculated Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $500,000 for each day of such offense.
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(c) Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Criminal Disposal
| | of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste.
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(2) Criminal Disposal of Hazardous Waste is a Class 3
| | felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $250,000 for each day of such offense.
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(d) Unauthorized Use of Hazardous Waste.
(1) A person commits the offense of Unauthorized Use
| | of Hazardous Waste when he, being required to have a permit, registration, or license under this Act or any other law regulating the treatment, transportation, or storage of hazardous waste, knowingly:
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(A) treats, transports, or stores any hazardous
| | waste without such permit, registration, or license;
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(B) treats, transports, or stores any hazardous
| | waste in violation of the terms and conditions of such permit or license;
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(C) transports any hazardous waste to a facility
| | which does not have a permit or license required under this Act; or
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(D) transports by vehicle any hazardous waste
| | without having in each vehicle credentials issued to the transporter by the transporter's base state pursuant to procedures established under the Uniform Program.
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(2) A person who is convicted of a violation of
| | subparagraph (A), (B), or (C) of paragraph (1) of this subsection is guilty of a Class 4 felony. A person who is convicted of a violation of subparagraph (D) of paragraph (1) of this subsection is guilty of a Class A misdemeanor. In addition to any other penalties prescribed by law, a person convicted of violating subparagraph (A), (B), or (C) of paragraph (1) of this subsection is subject to a fine not to exceed $100,000 for each day of such violation, and a person who is convicted of violating subparagraph (D) of paragraph (1) of this subsection is subject to a fine not to exceed $1,000.
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(e) Unlawful Delivery of Hazardous Waste.
(1) Except as authorized by this Act or the federal
| | Resource Conservation and Recovery Act, and the regulations promulgated thereunder, it is unlawful for any person to knowingly deliver hazardous waste.
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(2) Unlawful Delivery of Hazardous Waste is a Class 3
| | felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Unlawful Delivery of Hazardous Waste is subject to a fine not to exceed $250,000 for each such violation.
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(3) For purposes of this Section, "deliver" or
| | "delivery" means the actual, constructive, or attempted transfer of possession of hazardous waste, with or without consideration, whether or not there is an agency relationship.
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(f) Reckless Disposal of Hazardous Waste.
(1) A person commits Reckless Disposal of Hazardous
| | Waste if he disposes of hazardous waste, and his acts which cause the hazardous waste to be disposed of, whether or not those acts are undertaken pursuant to or under color of any permit or license, are performed with a conscious disregard of a substantial and unjustifiable risk that such disposing of hazardous waste is a gross deviation from the standard of care which a reasonable person would exercise in the situation.
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(2) Reckless Disposal of Hazardous Waste is a Class 4
| | felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Reckless Disposal of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.
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(g) Concealment of Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Concealment of
| | Criminal Disposal of Hazardous Waste when he conceals, without lawful justification, the disposal of hazardous waste with the knowledge that such hazardous waste has been disposed of in violation of this Act.
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(2) Concealment of Criminal Disposal of a Hazardous
| | Waste is a Class 4 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Concealment of Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $50,000 for each day of such offense.
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(h) Violations; False Statements.
(1) Any person who knowingly makes a false material
| | statement in an application for a permit or license required by this Act to treat, transport, store, or dispose of hazardous waste commits the offense of perjury and shall be subject to the penalties set forth in Section 32-2 of the Criminal Code of 2012.
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(2) Any person who knowingly makes a false material
| | statement or representation in any label, manifest, record, report, permit or license, or other document filed, maintained, or used for the purpose of compliance with this Act in connection with the generation, disposal, treatment, storage, or transportation of hazardous waste commits a Class 4 felony. A second or any subsequent offense after conviction hereunder is a Class 3 felony.
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(3) Any person who knowingly destroys, alters, or
| | conceals any record required to be made by this Act in connection with the disposal, treatment, storage, or transportation of hazardous waste commits a Class 4 felony. A second or any subsequent offense after a conviction hereunder is a Class 3 felony.
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(4) Any person who knowingly makes a false material
| | statement or representation in any application, bill, invoice, or other document filed, maintained, or used for the purpose of receiving money from the Underground Storage Tank Fund commits a Class 4 felony. A second or any subsequent offense after conviction hereunder is a Class 3 felony.
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(4.5) Any person who knowingly makes a false material
| | statement or representation in any label, manifest, record, report, permit or license, or other document filed, maintained, or used for the purpose of compliance with Title XVI of this Act commits a Class 4 felony. Any second or subsequent offense after conviction hereunder is a Class 3 felony.
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| (5) Any person who knowingly destroys, alters, or
| | conceals any record required to be made or maintained by this Act or required to be made or maintained by Board or Agency rules for the purpose of receiving money from the Underground Storage Tank Fund commits a Class 4 felony. A second or any subsequent offense after a conviction hereunder is a Class 3 felony.
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(6) A person who knowingly and falsely certifies
| | under Section 22.48 that an industrial process waste or pollution control waste is not special waste commits a Class 4 felony for a first offense and commits a Class 3 felony for a second or subsequent offense.
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(7) In addition to any other penalties prescribed by
| | law, a person convicted of violating this subsection (h) is subject to a fine not to exceed $50,000 for each day of such violation.
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(8) Any person who knowingly makes a false,
| | fictitious, or fraudulent material statement, orally or in writing, to the Agency, or to a unit of local government to which the Agency has delegated authority under subsection (r) of Section 4 of this Act, related to or required by this Act, a regulation adopted under this Act, any federal law or regulation for which the Agency has responsibility, or any permit, term, or condition thereof, commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this paragraph (8), violates this paragraph (8) a second or subsequent time, commits a Class 3 felony.
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(i) Verification.
(1) Each application for a permit or license to
| | dispose of, transport, treat, store, or generate hazardous waste under this Act shall contain an affirmation that the facts are true and are made under penalty of perjury as defined in Section 32-2 of the Criminal Code of 2012. It is perjury for a person to sign any such application for a permit or license which contains a false material statement, which he does not believe to be true.
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(2) Each request for money from the Underground
| | Storage Tank Fund shall contain an affirmation that the facts are true and are made under penalty of perjury as defined in Section 32-2 of the Criminal Code of 2012. It is perjury for a person to sign any request that contains a false material statement that he does not believe to be true.
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(j) Violations of Other Provisions.
(1) It is unlawful for a person knowingly to violate:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any term or condition of any Underground
| | Injection Control (UIC) permit;
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(D) any filing requirement, regulation, or order
| | relating to the State Underground Injection Control (UIC) program;
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(E) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 13 of this Act;
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(F) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 39 of this Act;
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(G) any National Pollutant Discharge Elimination
| | System (NPDES) permit issued under this Act or any term or condition of such permit;
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(H) subsection (h) of Section 12 of this Act;
(I) subsection 6 of Section 39.5 of this Act;
(J) any provision of any regulation, standard or
| | filing requirement under Section 39.5 of this Act;
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(K) a provision of the Procedures for Asbestos
| | Emission Control in subsection (c) of Section 61.145 of Title 40 of the Code of Federal Regulations; or
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| (L) the standard for waste disposal for
| | manufacturing, fabricating, demolition, renovation, and spraying operations in Section 61.150 of Title 40 of the Code of Federal Regulations.
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(2) A person convicted of a violation of subdivision
| | (1) of this subsection commits a Class 4 felony, and in addition to any other penalty prescribed by law is subject to a fine not to exceed $25,000 for each day of such violation.
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(3) A person who negligently violates the following
| | shall be subject to a fine not to exceed $10,000 for each day of such violation:
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(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 13 of this Act;
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(D) any provision of any regulation, standard, or
| | filing requirement under subsection (b) of Section 39 of this Act;
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(E) any National Pollutant Discharge Elimination
| | System (NPDES) permit issued under this Act;
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(F) subsection 6 of Section 39.5 of this Act; or
(G) any provision of any regulation, standard, or
| | filing requirement under Section 39.5 of this Act.
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(4) It is unlawful for a person knowingly to:
(A) make any false statement, representation, or
| | certification in an application form, or form pertaining to, a National Pollutant Discharge Elimination System (NPDES) permit;
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(B) render inaccurate any monitoring device or
| | record required by the Agency or Board in connection with any such permit or with any discharge which is subject to the provisions of subsection (f) of Section 12 of this Act;
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(C) make any false statement, representation, or
| | certification in any form, notice, or report pertaining to a CAAPP permit under Section 39.5 of this Act;
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(D) render inaccurate any monitoring device or
| | record required by the Agency or Board in connection with any CAAPP permit or with any emission which is subject to the provisions of Section 39.5 of this Act; or
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(E) violate subsection 6 of Section 39.5 of this
| | Act or any CAAPP permit, or term or condition thereof, or any fee or filing requirement.
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(5) A person convicted of a violation of paragraph
| | (4) of this subsection commits a Class A misdemeanor, and in addition to any other penalties provided by law is subject to a fine not to exceed $10,000 for each day of violation.
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(k) Criminal operation of a hazardous waste or PCB incinerator.
(1) A person commits the offense of criminal
| | operation of a hazardous waste or PCB incinerator when, in the course of operating a hazardous waste or PCB incinerator, he knowingly and without justification operates the incinerator (i) without an Agency permit, or in knowing violation of the terms of an Agency permit, and (ii) as a result of such violation, knowingly places any person in danger of great bodily harm or knowingly creates an immediate or long term material danger to the public health or the environment.
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(2) Any person who commits the offense of criminal
| | operation of a hazardous waste or PCB incinerator for the first time commits a Class 4 felony and, in addition to any other penalties prescribed by law, shall be subject to a fine not to exceed $100,000 for each day of the offense.
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Any person who commits the offense of criminal
| | operation of a hazardous waste or PCB incinerator for a second or subsequent time commits a Class 3 felony and, in addition to any other penalties prescribed by law, shall be subject to a fine not to exceed $250,000 for each day of the offense.
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(3) For the purpose of this subsection (k), the term
| | "hazardous waste or PCB incinerator" means a pollution control facility at which either hazardous waste or PCBs, or both, are incinerated. "PCBs" means any substance or mixture of substances that contains one or more polychlorinated biphenyls in detectable amounts.
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(l) It shall be the duty of all State and local law enforcement officers
to enforce this Act and the regulations adopted hereunder, and all such
officers shall have authority to issue citations for such violations.
(m) Any action brought under this Section shall be brought by the
State's Attorney of the county in which the violation occurred, or by the
Attorney General, and shall be conducted in accordance with the applicable
provisions of the Code of Criminal Procedure of 1963.
(n) For an offense described in this Section, the period for
commencing prosecution prescribed by the statute of limitations shall not
begin to run until the offense is discovered by or reported to a State or
local agency having the authority to investigate violations of this Act.
(o) In addition to any other penalties provided under this
Act, if a person is convicted of (or agrees to a settlement in an enforcement
action over) illegal dumping of waste on the person's own property, the
Attorney General, the Agency, or local prosecuting authority shall file notice
of the conviction, finding, or agreement in the office of the Recorder in the
county in which the landowner lives.
(p) Criminal Disposal of Waste.
(1) A person commits the offense of Criminal Disposal
| |
(A) if required to have a permit under subsection
| | (d) of Section 21 of this Act, knowingly conducts a waste-storage, waste-treatment, or waste-disposal operation in a quantity that exceeds 250 cubic feet of waste without a permit; or
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|
(B) knowingly conducts open dumping of waste in
| | violation of subsection (a) of Section 21 of this Act.
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(2) (A) A person who is convicted of a violation of
| | subparagraph (A) of paragraph (1) of this subsection is guilty of a Class 4 felony for a first offense and, in addition to any other penalties provided by law, is subject to a fine not to exceed $25,000 for each day of violation. A person who is convicted of a violation of subparagraph (A) of paragraph (1) of this subsection is guilty of a Class 3 felony for a second or subsequent offense and, in addition to any other penalties provided by law, is subject to a fine not to exceed $50,000 for each day of violation.
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(B) A person who is convicted of a violation of
| | subparagraph (B) of paragraph (1) of this subsection is guilty of a Class A misdemeanor. However, a person who is convicted of a violation of subparagraph (B) of paragraph (1) of this subsection for the open dumping of waste in a quantity that exceeds 250 cubic feet or that exceeds 50 waste tires is guilty of a Class 4 felony and, in addition to any other penalties provided by law, is subject to a fine not to exceed $25,000 for each day of violation.
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(q) Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Criminal Damage
| | to a Public Water Supply when, without lawful justification, he knowingly alters, damages, or otherwise tampers with the equipment or property of a public water supply, or knowingly introduces a contaminant into the distribution system of a public water supply so as to cause, threaten, or allow the distribution of water from any public water supply of such quality or quantity as to be injurious to human health or the environment.
|
| (2) Criminal Damage to a Public Water Supply is a
| | Class 4 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Criminal Damage to a Public Water Supply is subject to a fine not to exceed $250,000 for each day of such offense.
|
| (r) Aggravated Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Aggravated
| | Criminal Damage to a Public Water Supply when, without lawful justification, he commits Criminal Damage to a Public Water Supply while knowing that he thereby places another person in danger of serious illness or great bodily harm, or creates an immediate or long-term danger to public health or the environment.
|
| (2) Aggravated Criminal Damage to a Public Water
| | Supply is a Class 2 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Aggravated Criminal Damage to a Public Water Supply is subject to a fine not to exceed $500,000 for each day of such offense.
|
| (Source: P.A. 97-220, eff. 7-28-11; 97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-822, eff. 8-1-14.)
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415 ILCS 5/44.1
(415 ILCS 5/44.1)
Sec. 44.1.
(a) In addition to all other civil and criminal penalties
provided by law, any person convicted of a criminal violation of this Act
or the regulations adopted thereunder shall forfeit to the State
(1) an amount equal to the value of all profits earned, savings realized,
and benefits incurred as a direct or indirect result of such violation, and
(2) any vehicle or conveyance used in the perpetration of such violation,
except as provided in subsection (b).
(b) Forfeiture of conveyances shall be subject to the following exceptions:
(1) No conveyance used by any person as a common | | carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it is proven that the owner or other person in charge of the conveyance consented to or was privy to the covered violation.
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(2) No conveyance is subject to forfeiture under this
| | Section by reason of any covered violation which the owner proves to have been committed without his knowledge or consent.
|
|
(3) A forfeiture of a conveyance encumbered by a bona
| | fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the covered violation.
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(c) Except as provided in subsection (d), all property subject to
forfeiture under this Section shall be seized pursuant to the order of a circuit court.
(d) Property subject to forfeiture under this Section may be seized by
the Director or any peace officer without process:
(1) if the seizure is incident to an inspection under
| | an administrative inspection warrant, or incident to the execution of a criminal search or arrest warrant;
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(2) if the property subject to seizure has been the
| | subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Act; or
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(3) if there is probable cause to believe that the
| | property is directly or indirectly dangerous to health or safety.
|
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(e) Property taken or detained under this Section shall not be subject
to eviction or replevin, but is deemed to be in the
custody of the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture proceedings. When
property is seized under this Act, the Director may:
(1) place the property under seal;
(2) secure the property or remove the property to a
| | place designated by him; or
|
|
(3) require the sheriff of the county in which the
| | seizure occurs to take custody of the property and secure or remove it to an appropriate location for disposition in accordance with law.
|
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(f) All amounts forfeited under item (1) of subsection (a) shall be
apportioned in the following manner:
(1) 40% shall be deposited in the Hazardous Waste
| | Fund created in Section 22.2;
|
|
(2) 30% shall be paid to the office of the Attorney
| | General or the State's Attorney of the county in which the violation occurred, whichever brought and prosecuted the action; and
|
|
(3) 30% shall be paid to the law enforcement agency
| | which investigated the violation.
|
|
Any funds received under this subsection (f) shall be used solely for the
enforcement of the environmental protection laws of this State.
(g) When property is forfeited under this Section the court may order:
(1) that the property shall be made available for the
| | official use of the Agency, the Office of the Attorney General, the State's Attorney of the county in which the violation occurred, or the law enforcement agency which investigated the violation, to be used solely for the enforcement of the environmental protection laws of this State;
|
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(2) the sheriff of the county in which the forfeiture
| | occurs to take custody of the property and remove it for disposition in accordance with law; or
|
|
(3) the sheriff of the county in which the forfeiture
| | occurs to sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds of such sale shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs, and the balance, if any, shall be apportioned pursuant to subsection (f).
|
|
(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)
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415 ILCS 5/45
(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
Sec. 45.
Injunctive and other relief.
(a) No existing civil or criminal remedy for any wrongful
action shall be excluded or impaired by this Act. Nothing in this Act shall
be construed to limit or supersede the provisions of the Illinois Oil and
Gas Act and the powers therein granted to prevent the intrusion of water into
oil, gas or coal strata and to prevent the pollution of fresh water supplies by
oil, gas or salt water or oil field wastes, except that water quality standards
as set forth by the Pollution Control Board apply to and are effective within
the areas covered by and affected by permits issued by the Department of
Natural Resources. However, if the Department of Natural Resources fails to
act upon any complaint within a period of 10 working days following the receipt
of a complaint by the Department, the Environmental Protection Agency may
proceed under the provisions of this Act.
(b) Any person adversely affected in fact by a violation of this Act,
any rule or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order may sue for injunctive relief
against such violation. However, except as provided in subsections (d) and (e), no action shall be brought under this Section
until 30 days after the plaintiff has been denied relief by the Board in a
proceeding brought under subdivision (d)(1) of Section
31 of this Act. The prevailing party shall be awarded costs and reasonable
attorneys' fees.
(c) Nothing in Section 39.4 of this Act shall limit the authority
of the Agency to proceed with enforcement under the provisions of this Act
for violations of terms and conditions of an endorsed agrichemical facility
permit, an endorsed lawncare containment permit, or this Act or regulations
hereunder caused or threatened by an agrichemical facility or a lawncare wash
water containment area, provided that prior notice is given to the Department
of Agriculture which provides that Department an opportunity to respond as
appropriate.
(d) If the State brings an action under this Act against a person
with an interest in real property upon which the person is alleged to have
allowed open dumping or open burning by a third party in violation of this
Act, which action seeks to compel the defendant to remove the waste or
otherwise clean up the site, the defendant may, in the manner provided by
law for third-party complaints, bring in as a third-party defendant a
person who with actual knowledge caused or contributed to the illegal open
dumping or open burning, or who is or may be liable for all or part of the
removal and cleanup costs. The court may include any of the parties which
it determines to have, with actual knowledge, allowed, caused or
contributed to the illegal open dumping or open burning in any order that
it may issue to compel removal of the waste and cleanup of the site, and
may apportion the removal and cleanup costs among such parties, as it deems
appropriate. However, a person may not seek to recover any fines or civil
penalties imposed upon him under this Act from a third-party defendant in
an action brought under this subsection.
(e) A final order issued by the Board pursuant to Section 33 of this
Act may be enforced through a civil action for injunctive or other relief
instituted by a person who was a party to the Board enforcement proceeding
in which the Board issued the final order.
(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
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415 ILCS 5/Tit. XIII
(415 ILCS 5/Tit. XIII heading)
TITLE XIII:
MISCELLANEOUS PROVISIONS
|
415 ILCS 5/46
(415 ILCS 5/46) (from Ch. 111 1/2, par. 1046)
Sec. 46.
(a) Any municipality, sanitary district, county or other
public body created by or pursuant to State law and having jurisdiction
over disposal of sewage, industrial wastes, or other wastes, which has
been directed by an order issued by the Board or by the circuit court to
abate any violation of this Act or of any regulation adopted thereunder
shall, unless such order be set aside upon review, take steps for the
acquisition or construction of such facilities, or for such repair,
alteration, extension or completion of existing facilities, or for such
modification of existing practices as may be necessary to comply with
the order. The cost of the acquisition, construction, repair,
alteration, completion, or extension of such facilities, or of such
modification of practices shall be paid out of funds on hand available
for such purposes, or out of the general funds of such public body not
otherwise appropriated.
If funds on hand or unappropriated are insufficient for the purposes
of this Section, the necessary funds shall be raised by the issuance of
either general obligation or revenue bonds. If the estimated cost of
the steps necessary to be taken by such public body to comply with such
order is such that the bond issue, necessary to finance such project,
would not raise the total outstanding bonded indebtedness of such public
body in excess of any limit which may be imposed upon such indebtedness,
the necessary bonds may be issued as a direct obligation of such public
body and retired pursuant to general law governing the issue of such
bonds. No election or referendum shall be necessary for the issuance of
bonds under this Section.
The funds made available by the issuance of direct obligation or
revenue bonds as herein provided shall constitute a Sanitary Fund, and
shall be used for no other purpose than for carrying out such order or
orders of the Board.
The Attorney General shall enforce this provision of the Act by an
action for mandamus, injunction, or other appropriate relief.
Any general obligation bonds issued under this Section, or any revenue
bonds
issued under this Section as limited bonds pursuant to Section 15.01 of the
Local
Government Debt Reform Act, are subject to the requirements of the Bond Issue
Notification Act.
(b) In order to be eligible for federal grants for construction of
sewage works pursuant to Section 201(g) of the Federal Water Pollution
Control Act, as now or hereafter amended, any sanitary district,
drainage district, municipality, county, special district or other unit
of local government established pursuant to State law, that owns or
operates sewage works may adopt, in accordance with such unit's
statutory procedures, ordinances or regulations to provide for systems
of proportionate cost sharing for operation and maintenance by
recipients of such unit's waste treatment services, to provide for
payments by industrial users of costs of sewage works construction
allocable to the treatment of industrial wastes, and to provide such
other capabilities as may be necessary to comply with Sections 204(b),
307, and 308 of the Federal Water Pollution Control Act, as now or
hereafter amended.
(c) In order to comply with Section 307 of the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations promulgated
thereunder, the units of local government
identified in subsection (b) of this Section may adopt, in accordance with
such unit's statutory procedures, ordinances or regulations to enable the
unit of government, as regards industrial users of sewage works, to control
through permit, contract, order or similar means, the nature and amount
of pollutants discharged to the sewage works, to require compliance with
applicable pretreatment standards and requirements, to require compliance
schedules and the submission of notices and self-monitoring reports related
thereto, to carry out inspection and monitoring procedures in order to
determine compliance or noncompliance with the applicable pretreatment
standards and requirements, to obtain remedies including, but not limited
to, injunctive relief and civil and criminal penalties for noncompliance
with pretreatment standards and requirements, and to provide such other
capabilities as may be necessary to comply with Section 307 of the
Federal Water Pollution Control Act, as now or hereafter amended, and
regulations
promulgated thereunder.
(Source: P.A. 89-655, eff. 1-1-97.)
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415 ILCS 5/47
(415 ILCS 5/47) (from Ch. 111 1/2, par. 1047)
Sec. 47.
(a) The State of Illinois and all its agencies, institutions,
officers and subdivisions shall comply with all requirements, prohibitions,
and other provisions of the Act and of regulations adopted thereunder.
(b) (Blank).
(c) (Blank).
(Source: P.A. 97-220, eff. 7-28-11.)
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415 ILCS 5/48
(415 ILCS 5/48) (from Ch. 111 1/2, par. 1048)
Sec. 48.
(a) Whenever the Board has adopted regulations respecting the
equipment, specifications, use, inspection, or sale of vehicles, vessels,
or aircraft, no department or agency shall license any such vehicles,
vessels, or aircraft for operation in this State in the absence of such
proof as the Board may prescribe that the equipment in question satisfies
the Board's regulations.
(b) Whenever the Board has adopted regulations limiting vehicle, vessel,
or aircraft operations to essential or other classes of use under certain
conditions, the department or agency responsible for the licensing shall
issue indicia of such use, subject to standards prescribed by the Board,
for each vehicle, vessel, or aircraft qualifying therefor.
(Source: P.A. 76-2429.)
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415 ILCS 5/49
(415 ILCS 5/49) (from Ch. 111 1/2, par. 1049)
Sec. 49.
Proceedings governed by Act; compliance as defense.
(a) (Blank.)
(b) All proceedings respecting acts done before the effective date of
this Act shall be determined in accordance with the law and regulations in
force at the time such acts occurred. All proceedings instituted for
actions taken after the effective date of this Act (July 1, 1970) shall
be governed by this Act.
(c) (Blank.)
(d) (Blank.)
(e) Compliance with the rules and regulations promulgated by the Board
under this Act shall constitute a prima facie defense to any action, legal,
equitable, or criminal, or an administrative proceeding for a violation of
this Act, brought by any person.
(Source: P.A. 92-574, eff. 6-26-02.)
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415 ILCS 5/50
(415 ILCS 5/50) (from Ch. 111 1/2, par. 1050)
Sec. 50.
(Repealed).
(Source: P.A. 76-2429. Repealed by P.A. 92-574, eff. 6-26-02.)
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415 ILCS 5/51
(415 ILCS 5/51) (from Ch. 111 1/2, par. 1051)
Sec. 51.
If any Section, subsection, sentence or clause of this Act shall be
adjudged unconstitutional, such adjudication shall not affect the validity
of the Act as a whole or of any Section, subsection, sentence or clause
thereof not adjudged unconstitutional.
(Source: P.A. 76-2429.)
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415 ILCS 5/52
(415 ILCS 5/52) (from Ch. 111 1/2, par. 1052)
Sec. 52.
(a) No person shall fire, or in any other way discriminate
against, or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that such employee
or representative has filed, instituted, or caused to be filed or instituted
any proceeding under this Act, or has testified or is about to testify
in any proceeding resulting from the administration or enforcement of the
provisions of this Act, or offers any evidence of any violation of this Act.
(b) Any employee or a representative of employees who believes that he has
been fired or otherwise discriminated against by any person in violation
of subsection (a) of this Section may, within 30 days after such alleged
violation occurs, apply to the Director of the Department of Labor for a
review of such firing or alleged discrimination. A copy of the application
shall be sent to such person who shall be the respondent. Upon receipt of
such application, the Director of the Department
of Labor shall cause such investigation to be made as he deems appropriate.
Such investigation shall provide an opportunity for a public hearing at
the request of any party to such review to enable the parties to present
information relating to such alleged violation. The parties shall be given
written notice of the time and place of the hearing at least 5 days prior
to the hearing. Upon receiving the report of such investigation, the Director
shall make findings of fact. If he finds that such violation did occur,
he shall issue a decision, incorporating an order therein of his findings,
requiring the party committing such violation to take such affirmative action
to abate the violation as the Director deems appropriate, including, but
not limited to, the rehiring or reinstatement of the employee or representative
of employees to his former position and shall be fully compensated for the
time he was unemployed. If he finds that there was no such violation, he
shall issue an order denying the application. Such order issued by the
Director under this subparagraph shall be subject to
judicial review under the Administrative Review Law, and all amendments
and modifications thereof.
(c) Whenever an order is issued under this Section to abate such violation,
at the request of the applicant a sum equal to the aggregate amount of all
costs and expenses (including attorney's fees) as determined by the Director
to have been reasonably incurred by the applicant for or in connection with
the commencement and prosecution of such proceedings shall be assessed against
the person committing such violation.
(d) This Section shall not apply to any employee who, acting without
direction from his employer, or his agents, deliberately fails to comply
with any requirement of this Act.
(Source: P.A. 83-1079.)
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415 ILCS 5/52.2
(415 ILCS 5/52.2)
Sec. 52.2. (Repealed).
(Source: P.A. 88-690, eff. 1-24-95. Repealed by P.A. 94-580, eff. 8-12-05.)
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415 ILCS 5/52.3-1
(415 ILCS 5/52.3-1)
Sec. 52.3-1.
Findings; purpose.
(a) The General Assembly finds that:
(1) During the last decade, considerable expertise in | | pollution prevention, sophisticated emissions monitoring and tracking techniques, compliance auditing methods, stakeholder involvement, and innovative approaches to control pollution have been developed.
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(2) Substantial opportunities exist to reduce the
| | amount of or prevent adverse impacts from emissions or discharges of pollutants or wastes through the use of innovative and cost effective measures not currently recognized by or allowed under existing environmental laws, rules, and regulations.
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(3) There are persons regulated under this Act who
| | have demonstrated excellence and leadership in environmental compliance or stewardship or pollution prevention and, through the implementation of innovative measures, who can achieve further reductions in emissions or discharges of pollutants or wastes or continued environmental stewardship.
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(4) Current environmental laws and regulations have,
| | in some instances, resulted in burdensome transactional requirements that are unnecessarily costly and complex for regulated entities and have proven to be frustrating to the public that is concerned about environmental protection.
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(5) The goals of environmental protection will be
| | best served by promoting and evaluating the efforts of those persons who are ready to achieve measurable and verifiable pollution reductions in excess of the otherwise applicable statutory and regulatory requirements or who can demonstrate real environmental risk reduction, promote pollution prevention, foster superior environmental compliance by other persons regulated under this Act, and who can improve stakeholder involvement in environmental decision making.
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(6) The United States Environmental Protection Agency
| | is operating a program entitled "National Environmental Performance Track" 65 Federal Register 41655 (July 6, 2000) (Federal Performance Track Program) to recognize and reward businesses and public facilities that demonstrate strong environmental performance beyond current regulatory requirements. There should be a process that allows regulatory flexibility available to a participant in the Federal Performance Track Program to be also granted in the State if the participant's proposal is acceptable to the Agency.
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(7) A process for implementing and evaluating
| | innovative environmental measures on a pilot project basis should be developed and implemented in this State.
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(b) It is the purpose of this Section to create a voluntary pilot program by
which the Agency may enter into Environmental Management System Agreements with
persons regulated under this Act to implement innovative environmental measures
not otherwise recognized or allowed under existing laws and regulations of this
State if those measures:
(1) achieve emissions reductions or reductions in
| | discharges or wastes beyond the otherwise applicable statutory and regulatory requirements through pollution prevention or other suitable means; or
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(2) achieve real environmental risk reduction or
| | foster environmental compliance by other persons regulated under this Act in a manner that is clearly superior to the existing regulatory system.
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|
These Agreements may be executed with participants in the Federal
Performance Track Program if the provisions are acceptable to
the Agency.
(c) This program is a voluntary pilot program.
Participation is at the discretion of the Agency, and any decision by the
Agency to reject an initial proposal under this Section is not appealable. An
initial Agreement may be renewed for
appropriate time
periods if the Agency finds the Agreement continues
to
meet applicable requirements and the purposes of this Section.
(d) The Agency shall develop and make publicly available a program guidance
document regarding participation in the pilot program. A draft document shall
be distributed for review and comment by interested parties and a final
document shall be completed by December 1, 1996. At a minimum, this document
shall include the following:
(1) The approximate number of projects that the
| | Agency envisions being part of the pilot program.
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|
(2) The types of projects and facilities that the
| | Agency believes would be most useful to be a part of the pilot program.
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|
(3) A description of potentially useful environmental
| | management systems, such as ISO 14000.
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|
(4) A description of suitable Environmental
| | Performance Plans, including appropriate provisions or opportunities for promoting pollution prevention and sustainable development.
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(5) A description of practices and procedures to
| | ensure that performance is measurable and verifiable.
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(6) A characterization of less-preferred practices
| | that can generate adverse consequences such as multi-media pollutant transfers.
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(7) A description of suitable practices for
| | productive stakeholder involvement in project development and implementation that may include, but need not be limited to, consensus-based decision making and appropriate technical assistance.
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(e) The Agency has the authority to develop and distribute written guidance,
fact sheets, or other documents that explain, summarize, or describe programs
operated under this Act or regulations. The written guidance, fact sheets, or
other documents shall not be considered rules and shall not be subject to the
Illinois Administrative Procedure Act.
(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
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415 ILCS 5/52.3-2
(415 ILCS 5/52.3-2)
Sec. 52.3-2.
Agency authority; scope of agreement.
(a) The Agency may enter into an initial Environmental Management System
Agreement with any person regulated under this Act to implement innovative
environmental measures that relate to or involve provisions of this Act, even
if one or more of the terms of such an Agreement would be inconsistent with an
otherwise applicable statute or regulation of this State. Participation in
this program is limited to those persons who have submitted an Environmental
Management System Agreement that is acceptable to the Agency and who are not
currently subject to enforcement action under this Act.
(b) The Agency may adopt rules to implement this Section. Without limiting the generality of this
authority, those regulations may, among other things:
(1) Specify the criteria an applicant must meet to | | participate in this program.
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|
(2) Specify the minimum contents of a proposed
| | Environmental Management System Agreement, including, without limitation, the following:
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(A) requiring identification of all State and
| | federal statutes, rules, and regulations applicable to the facility;
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|
(B) requiring identification of all statutes,
| | rules, and regulations that are inconsistent with one or more terms of the proposed Environmental Management System Agreement;
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|
(C) requiring a statement of how the proposed
| | Environmental Management System Agreement will achieve one or more of the purposes of this Section;
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|
(D) requiring identification of those members of
| | the general public, representatives of local communities, and environmental groups who may have an interest in the Environmental Management System Agreement; and
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|
(E) requiring identification of how a participant
| | will demonstrate ongoing compliance with the terms of its Environmental Management System Agreement, which may include an evaluation of a participant's performance under the Environmental Management System Agreement by a third party acceptable to the Agency. Compliance with the Agreement shall be determined not less than annually.
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|
(3) Specify the procedures for review by the Agency
| | of Environmental Management System Agreements.
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|
(4) Specify the procedures for public participation
| | in, including notice of and comment on, Environmental Management System Agreements and stakeholder involvement in design and implementation of specific projects that are undertaken.
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(5) Specify the procedures for voluntary termination
| | of an Environmental Management System Agreement.
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(6) Specify the type of performance guarantee to be
| | provided by an applicant for participation in this program. The nature of the performance guarantee shall be directly related to the complexity of and environmental risk associated with the proposed Environmental Management System Agreement.
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|
(c) The Agency shall propose by December 31, 1996, and the Board shall
promulgate, criteria and
procedures for involuntary termination of Environmental Management System
Agreements. The Board shall complete such rulemaking no later than 180 days
after receipt of the Agency's proposal.
(d) After July 1, 2003, the Agency
may enter into an initial Environmental Management System Agreement with
any participant in the Federal Performance Track Program, in accordance with the following:
(1) The participant submits, in writing, a proposed
| | Environmental Management System Agreement to the Agency.
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(1.5) The Agency shall provide notice to the public,
| | including an opportunity for public comment and hearing in accordance with the procedures set forth in 35 Ill. Adm. Code Part 164, on each proposal filed with the Agency under this subsection (d).
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(2) The Agency shall have 120 days after the public
| | comment period, unless the participant grants an extension, to execute a proposed Environmental Management System Agreement.
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(3) Failure to execute an agreement shall be deemed a
| |
(4) A rejection of a proposed Environmental
| | Management System Agreement by the Agency shall not be appealable.
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|
(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
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415 ILCS 5/52.3-3
(415 ILCS 5/52.3-3)
Sec. 52.3-3.
Effect of Environmental Management System Agreements.
(a) An Environmental Management System Agreement shall operate in lieu of
all applicable requirements under Illinois and federal environmental statutes,
regulations, and existing permits that are identified in the Agreement. Any
environmental statute, regulation, or condition in an existing permit that
differs from a term or condition in an Agreement shall cease to apply from the
effective date of an initial or renewed Agreement until it is terminated or
expires.
(b) Notwithstanding the other provisions of this Section, no Agreement
entered
into by the Agency may allow a participant to cause air or water pollution or
an unauthorized release in violation of this Act.
(c) Nothing in this Section shall reduce, eliminate, or in any way affect
any fees that a participant in this program may be subject to under any
federal environmental statute or regulation or under this Act or any
rule promulgated hereunder.
(d) Applicants for participation in the Environmental Management System
Agreement Program shall pay all costs associated with public
notice and hearings.
(Source: P.A. 89-465, eff. 6-13-96.)
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415 ILCS 5/52.3-4
(415 ILCS 5/52.3-4)
Sec. 52.3-4.
Performance assurance.
(a) The Agency shall ensure that each Environmental Management System
Agreement contains appropriate provisions for performance assurance.
Those provisions may specify types of performance guarantees to be provided by
the participant to assure performance of the terms and conditions of the
Agreement.
(b) In the case of deficient performance of any term or condition in an
Environmental Management System Agreement that prevents achievement of the
stated purposes in subsection (b) of Section 52.3-1, the Agency may terminate
the Agreement and the participant may be subject to enforcement in accordance
with the provisions of Section 31 or 42 of this Act.
(b-5) The Agency may terminate an Agreement executed pursuant to
subsection
(d) of Section 52.3-1 if participation in the Federal Performance Track Program
ceases.
(c) If the Agreement is terminated, the facility shall
have sufficient time to apply for and receive any necessary permits to continue
the operations in effect during the course of the Environmental Management
Systems Agreement. Any such application shall also be deemed a timely and
complete application for renewal of an existing permit under applicable law.
(d) The Agency may adopt rules that are necessary to carry out its
duties under this Section including, but not limited to, rules that provide
mechanisms for alternative dispute resolution and performance assurance.
(e) Nothing in this Section shall limit the authority or ability of a
State's Attorney or the Attorney General to proceed pursuant to Section 43(a)
of this Act, or to enforce Section 44 or 44.1 of this Act, except that for the
purposes of enforcement under Section 43(a), 44, or 44.1, an Agreement shall be
deemed to be a permit issued under this Act to engage in activities authorized
under the Agreement.
(Source: P.A. 93-171, eff. 7-10-03.)
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415 ILCS 5/52.3-5 (415 ILCS 5/52.3-5)
Sec. 52.3-5. Effect of amendatory Act of the 96th General Assembly. Nothing contained in this amendatory Act of the 96th General Assembly shall remove any liability for any operation, site, or facility operating without any required legal permit or authorization for activities taking place prior to the effective date of this Act.
(Source: P.A. 96-611, eff. 8-24-09.) |
415 ILCS 5/52.3-10 (415 ILCS 5/52.3-10) Sec. 52.3-10. Effect of amendatory Act of the 96th General Assembly. Nothing contained in this amendatory Act of the 96th General Assembly shall remove any liability for any operation, site, or facility operating without any required legal permit or authorization for activities taking place prior to the effective date of this Act.
(Source: P.A. 96-1068, eff. 7-16-10.) |
415 ILCS 5/52.5 (415 ILCS 5/52.5) Sec. 52.5. Microbead-free waters. (a) As used in this Section: "Over the counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 CFR 201.66. An "over the counter drug" label includes: (1) A drug facts panel; or (2) A statement of the active ingredients with a list | | of those ingredients contained in the compound, substance, or preparation.
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| "Personal care product" means any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and any article intended for use as a component of any such article. "Personal care product" does not include any prescription drugs.
"Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during life cycle and after disposal.
"Synthetic plastic microbead" means any intentionally added non-biodegradable solid plastic particle measured less than 5 millimeters in size and is used to exfoliate or cleanse in a rinse-off product.
(b) The General Assembly hereby finds that microbeads, a synthetic alternative ingredient to such natural materials as ground almonds, oatmeal, and pumice, found in over 100 personal care products, including facial cleansers, shampoos, and toothpastes, pose a serious threat to the State's environment.
Microbeads have been documented to collect harmful pollutants already present in the environment and harm fish and other aquatic organisms that form the base of the aquatic food chain. Recently, microbeads have been recorded in Illinois water bodies, and in particular, the waters of Lake Michigan.
Although synthetic plastic microbeads are a safe and effective mild abrasive ingredient effectively used for gently removing dead skin, there are recent concerns about the potential environmental impact of these materials. More research is needed on any adverse consequences, but a number of cosmetic manufacturers have already begun a voluntary process for identifying alternatives that allay those concerns. Those alternatives will be carefully evaluated to assure safety and implemented in a timely manner.
Without significant and costly improvements to the majority of the State's sewage treatment facilities, microbeads contained in products will continue to pollute Illinois' waters and hinder the recent substantial economic investments in redeveloping Illinois waterfronts and the ongoing efforts to restore the State's lakes and rivers and recreational and commercial fisheries.
(c) Effective December 31, 2017, no person shall manufacture for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(d) Effective December 31, 2018, no person shall accept for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(e) Effective December 31, 2018, no person shall manufacture for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
(f) Effective December 31, 2019, no person shall accept for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
(Source: P.A. 98-638, eff. 1-1-15 .)
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415 ILCS 5/52.10 (415 ILCS 5/52.10) Sec. 52.10. (Repealed).
(Source: P.A. 102-996, eff. 5-27-22. Repealed internally, eff. 12-31-22.) |
415 ILCS 5/Tit. XIV
(415 ILCS 5/Tit. XIV heading)
TITLE XIV.
USED TIRES
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415 ILCS 5/53
(415 ILCS 5/53) (from Ch. 111 1/2, par. 1053)
Sec. 53.
(a) The General Assembly finds:
(1) that used and waste tires constitute a growing | | solid waste problem of considerable magnitude that is exacerbated by the fact that tires do not readily degrade or decompose;
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(2) that the accumulation of used and waste tires
| | constitutes a fire hazard and a threat to air and water quality;
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(3) that unmanaged used and waste tire sites
| | encourage open dumping of other types of waste;
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(4) that used and waste tire accumulations pose a
| | threat to the public health, safety and welfare by providing habitat for a number of disease-spreading mosquitoes and other nuisance organisms, and that the transport of used tires has introduced such mosquitoes into the State and dispersed them;
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(5) that State agencies need the ability to remove,
| | or cause the removal of, used and waste tire accumulations as necessary to abate or correct hazards to public health and to protect the environment; and
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(6) that used and waste tires may also afford a
| | significant economic opportunity for recycling into new and useful products or as a source of fuel.
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(b) It is the purpose of this Act:
(1) to ensure that used and waste tires are collected
| | and are put to beneficial use or properly disposed of;
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(2) to provide for the abatement of used and waste
| | tire dumps and associated threats to the public health and welfare;
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(3) to encourage the development of used and waste
| | tire processing facilities and technologies, including energy recovery; and
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(4) to provide for research on disease vectors
| | associated with used and waste tires, and the diseases they spread.
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It shall be the policy of the State of Illinois to provide for the
recovery, recycling and reuse of materials from scrap vehicle tires. The following
hierarchy shall be in effect for tires generated for waste management in this State:
(1) Reuse of tire casings for remanufacture or
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(2) Processing of tires into marketable products,
| | such as stamped parts from portions of tire casings.
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(3) Total destruction of tires into a uniform product
| | that is marketable as a fuel or recycled material feedstock, including such products as tire-derived fuel, or recovered rubber for recycling into rubber or other products or as an asphalt additive.
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(4) Total destruction of tires through primary
| | shredding to produce a nonuniform product for use as in road beds or other construction applications, or at a landfill or similar site for erosion control or cover.
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(5) Total destruction of tires to a nonuniform
| | product consistency for direct landfill disposal.
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(Source: P.A. 86-452; 87-727.)
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415 ILCS 5/54
(415 ILCS 5/54) (from Ch. 111 1/2, par. 1054)
Sec. 54.
For the purposes of this Title, except as the context otherwise
clearly requires, the words and terms defined in the Sections which follow
this Section and precede Section 55 shall have the meanings given therein.
Words and terms not defined shall have the meanings otherwise set forth in
this Act.
(Source: P.A. 86-452.)
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415 ILCS 5/54.01
(415 ILCS 5/54.01) (from Ch. 111 1/2, par. 1054.01)
Sec. 54.01.
"Altered tire" means a used tire which has
been altered so that it is no longer capable of holding accumulations of
water, including, but not limited to, used tires that have been
shredded, chopped, drilled with holes sufficient to assure drainage, slit
longitudinally and stacked so as not to collect water, or wholly or partially
filled with cement or other material to prevent the accumulation of water.
"Alteration" or "altering" means action which produces an altered tire.
(Source: P.A. 86-452.)
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415 ILCS 5/54.02
(415 ILCS 5/54.02) (from Ch. 111 1/2, par. 1054.02)
Sec. 54.02.
"Converted tire" means a used tire which has been
manufactured into a usable commodity other than a tire. "Conversion" or
"converting" means action which produces a converted tire. Usable products
manufactured from tires, which products are themselves capable of holding
accumulations of water, shall be deemed to be "converted" if they are
stacked, packaged, boxed, containerized or enclosed in such a manner as to
preclude exposure to precipitation prior to sale or conveyance.
(Source: P.A. 86-452.)
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415 ILCS 5/54.03
(415 ILCS 5/54.03) (from Ch. 111 1/2, par. 1054.03)
Sec. 54.03.
"Covered tire" means a used tire located in a
building, vehicle or facility with a roof extending over the tire, or
securely located under a material so as to preclude exposure to precipitation.
(Source: P.A. 86-452.)
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415 ILCS 5/54.04
(415 ILCS 5/54.04) (from Ch. 111 1/2, par. 1054.04)
Sec. 54.04.
"Disposal" means the placement of used tires into or on
any land or water except as an integral part of systematic reuse or
conversion in the regular course of business.
(Source: P.A. 86-452.)
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415 ILCS 5/54.05
(415 ILCS 5/54.05) (from Ch. 111 1/2, par. 1054.05)
Sec. 54.05.
"New tire" means a tire which has never been placed on a
vehicle wheel rim.
(Source: P.A. 86-452.)
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415 ILCS 5/54.06
(415 ILCS 5/54.06) (from Ch. 111 1/2, par. 1054.06)
Sec. 54.06.
"Processing" means the altering, converting or
reprocessing of used or waste tires.
(Source: P.A. 86-452.)
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415 ILCS 5/54.06a
(415 ILCS 5/54.06a)
Sec. 54.06a.
"Recyclable tire" means a used tire which is free of permanent
physical damage and maintains sufficient tread depth to allow its use through
resale or repairing.
(Source: P.A. 89-200, eff. 1-1-96.)
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415 ILCS 5/54.07
(415 ILCS 5/54.07) (from Ch. 111 1/2, par. 1054.07)
Sec. 54.07.
"Reprocessed tire" means a used tire which has been
recapped, retreaded or regrooved and which has not been placed on a
vehicle wheel rim.
(Source: P.A. 86-452.)
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415 ILCS 5/54.08
(415 ILCS 5/54.08) (from Ch. 111 1/2, par. 1054.08)
Sec. 54.08.
"Reused tire" means a used tire that is used
again, in part or as a whole, by being employed in a particular function or
application as an effective substitute for a commercial product or
fuel without having been converted.
(Source: P.A. 86-452.)
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415 ILCS 5/54.09
(415 ILCS 5/54.09) (from Ch. 111 1/2, par. 1054.09)
Sec. 54.09.
"Storage" means any accumulation of used tires that does
not constitute disposal. At a minimum, such an accumulation
must be an integral part of the systematic alteration, reuse, reprocessing
or conversion of the tires in the regular course of business.
(Source: P.A. 86-452.)
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415 ILCS 5/54.10
(415 ILCS 5/54.10) (from Ch. 111 1/2, par. 1054.10)
Sec. 54.10.
"Tire" means a hollow ring, made of rubber or similar
materials, which was manufactured for the purpose of being placed on the
wheel rim of a vehicle.
(Source: P.A. 86-452.)
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415 ILCS 5/54.10a
(415 ILCS 5/54.10a)
Sec. 54.10a.
"Tire carcass" means the internal part of a used tire
containing the plies, beads, and belts suitable for retread or remanufacture.
(Source: P.A. 89-200, eff. 1-1-96.)
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415 ILCS 5/54.10b
(415 ILCS 5/54.10b)
Sec. 54.10b.
"Tire derived fuel" means a product made from used tires to
exact specifications of a system designed to accept a tire derived fuel as a
primary or supplemental fuel source.
(Source: P.A. 89-200, eff. 1-1-96.)
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415 ILCS 5/54.11
(415 ILCS 5/54.11) (from Ch. 111 1/2, par. 1054.11)
Sec. 54.11.
"Tire disposal site" means a site where used tires have
been disposed of other than a sanitary landfill permitted by the Agency.
(Source: P.A. 86-452.)
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415 ILCS 5/54.11a
(415 ILCS 5/54.11a)
Sec. 54.11a.
"Tire retreader" means a person or firm that retreads or
remanufactures tires.
(Source: P.A. 89-200, eff. 1-1-96.)
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415 ILCS 5/54.12
(415 ILCS 5/54.12) (from Ch. 111 1/2, par. 1054.12)
Sec. 54.12.
"Tire storage site" means a site where used tires are
stored or processed, other than (1) the site at which the tires were separated
from the vehicle wheel rim, (2) the site where the used tires were accepted
in trade as part of a sale of new tires, or (3) a site at which tires are sold
at retail in the regular course of business, and at
which not more than 250 used tires are kept at any time or (4) a facility at
which tires are sold at retail provided that the facility maintains less than
1300 recyclable tires, 1300 tire carcasses, and 1300 used tires on site and
those tires are stored inside a building or so that they are
prevented from accumulating water.
(Source: P.A. 92-24, eff. 7-1-01.)
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415 ILCS 5/54.12a
(415 ILCS 5/54.12a)
Sec. 54.12a.
"Tire storage unit" means a pile of tires or a group of piles
of tires at a storage site.
(Source: P.A. 89-200, eff. 1-1-96.)
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415 ILCS 5/54.12b
(415 ILCS 5/54.12b)
Sec. 54.12b.
"Tire transporter" means a person who transports used or waste
tires in a vehicle.
(Source: P.A. 89-200, eff. 1-1-96.)
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