Sen. Emil Jones, III
Adopted in Senate on May 19, 2009
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1 | AMENDMENT TO HOUSE BILL 4021
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2 | AMENDMENT NO. ______. Amend House Bill 4021 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 15, 25d-1, 25d-2, 25d-3, 42, and 44 and by | ||||||
6 | adding Section 18.1 as follows:
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7 | (415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
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8 | Sec. 15. Plans and specifications; demonstration of | ||||||
9 | capability ; record retention .
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10 | (a) Owners of public water supplies, their authorized | ||||||
11 | representative, or
legal custodians, shall submit plans and | ||||||
12 | specifications to the Agency and
obtain written approval before | ||||||
13 | construction of any proposed public water
supply | ||||||
14 | installations, changes, or additions is started. Plans and
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15 | specifications shall be complete and of sufficient detail to | ||||||
16 | show all
proposed construction, changes, or additions that may |
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1 | affect sanitary
quality, mineral quality, or adequacy of the | ||||||
2 | public water supply; and,
where necessary, said plans and | ||||||
3 | specifications shall be accompanied by
supplemental data as may | ||||||
4 | be required by the Agency to permit a complete
review thereof.
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5 | (b) All new public water supplies established after October | ||||||
6 | 1, 1999 shall
demonstrate technical, financial, and managerial | ||||||
7 | capacity as a condition for
issuance of a construction or | ||||||
8 | operation permit by the Agency or its designee.
The | ||||||
9 | demonstration shall be consistent with the technical, | ||||||
10 | financial, and
managerial provisions of the federal Safe | ||||||
11 | Drinking Water Act (P.L. 93-523), as
now or hereafter amended. | ||||||
12 | The Agency is authorized to adopt
rules in accordance with the | ||||||
13 | Illinois Administrative Procedure Act to implement
the | ||||||
14 | purposes of this subsection. Such rules must take into account | ||||||
15 | the need
for the facility, facility size, sophistication of | ||||||
16 | treatment of the water
supply, and financial requirements | ||||||
17 | needed for operation of the facility.
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18 | (c) Except as otherwise provided under Board rules, owners | ||||||
19 | and operators of community water systems must maintain all | ||||||
20 | records, reports, and other documents related to the operation | ||||||
21 | of the community water system for a minimum of 10 years. | ||||||
22 | Documents required to be maintained under this subsection (c) | ||||||
23 | include, but are not limited to, all billing records and other | ||||||
24 | documents related to the purchase of water from other community | ||||||
25 | water systems. Documents required to be maintained under this | ||||||
26 | subsection (c) must be maintained on the premises of the |
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1 | community water system, or at a convenient location near its | ||||||
2 | premises, and must be made available to the Agency for | ||||||
3 | inspection and copying during normal business hours. | ||||||
4 | (Source: P.A. 92-651, eff. 7-11-02.)
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5 | (415 ILCS 5/18.1 new)
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6 | Sec. 18.1. Public Notice. | ||||||
7 | (a) If any of the actions listed in paragraph (1) or (2) of | ||||||
8 | this subsection (a) occur in relation to the ownership or | ||||||
9 | operation of a community water system, the Agency shall, within | ||||||
10 | 2 days after the action, provide public notice of the action by | ||||||
11 | issuing a press release and posting the press release on the | ||||||
12 | Agency's website: | ||||||
13 | (1) The Agency refers a matter for enforcement under | ||||||
14 | Section 43 of this Act. | ||||||
15 | (2) The Agency issues a seal order under subsection (a) | ||||||
16 | of Section 34 of this Act. | ||||||
17 | (b) Within 5 days after the occurrence of any action that | ||||||
18 | is listed in paragraph (1) or (2) of subsection (a) of this | ||||||
19 | Section and that is related to the ownership or operation of a | ||||||
20 | community water system, the Agency must provide notice of the | ||||||
21 | action to the owner and the operator of the community water | ||||||
22 | system and the owners and operators of all connected community | ||||||
23 | water systems. The notice must be printed on Agency letterhead | ||||||
24 | and describe the action being taken and the basis for the | ||||||
25 | action. Within 5 business days after receiving such notice from |
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1 | the Agency under this subsection (b), the owner or operator of | ||||||
2 | the community water system and the owners or operators of all | ||||||
3 | connected community water systems must send, to all residents | ||||||
4 | and owners of premises connected to the affected community | ||||||
5 | water system or portion thereof designated by the Agency: (i) a | ||||||
6 | copy of the notice by first-class mail or by e-mail; or (ii) | ||||||
7 | notification, in a form approved by the Agency, via first-class | ||||||
8 | postcard, text message, or telephone; except that notices to | ||||||
9 | institutional residents, including, but not limited to, | ||||||
10 | residents of school dormitories, nursing homes, and assisted | ||||||
11 | care facilities, may be made to the owners and operators of | ||||||
12 | those institutions, and the owners or operators of those | ||||||
13 | institutions shall notify their residents in the same manner as | ||||||
14 | prescribed in this subsection for owners and operators of | ||||||
15 | community water systems. If the manner for notice selected by | ||||||
16 | the owner or operator of the community water system does not | ||||||
17 | include a written copy of the notice provided by the Agency, | ||||||
18 | the owner or operator shall include a written copy of the | ||||||
19 | notice provided by the Agency in the next water bill sent to | ||||||
20 | the residents and owners of the premises; provided, however, if | ||||||
21 | the water bill is sent on a postcard, no written copy of the | ||||||
22 | notice provided by the Agency is required if the postcard | ||||||
23 | includes the Internet address for the notice posted on the | ||||||
24 | Agency's website. The front of the envelope or postcard in | ||||||
25 | which any such notice is sent to residents and owners of | ||||||
26 | premises connected to the community water system shall carry |
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1 | the following text in at least 18 point font: PUBLIC HEALTH | ||||||
2 | NOTICE - READ IMMEDIATELY. For a postcard, text message, or | ||||||
3 | telephonic communication, the Agency shall specify the minimum | ||||||
4 | information that the owner or operator must include in such | ||||||
5 | methods of notice. Within 7 days after the owner or operator of | ||||||
6 | the community water system sends the notices to all residents | ||||||
7 | and owners of premises connected to the affected community | ||||||
8 | water system, the owner or operator shall provide the Agency | ||||||
9 | with proof that the notices have been sent. | ||||||
10 | (415 ILCS 5/25d-1) | ||||||
11 | Sec. 25d-1. Definitions. For the purposes of this Title, | ||||||
12 | the terms "community water system", "non-community water | ||||||
13 | system", "potable", "private water system", and "semi-private | ||||||
14 | water system" have the meanings ascribed to them in the | ||||||
15 | Illinois Groundwater Protection Act. For the purposes of this | ||||||
16 | Title, the term "soil gas" means the air existing in void | ||||||
17 | spaces in the soil between the groundwater table and the ground | ||||||
18 | surface.
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19 | (Source: P.A. 94-314, eff. 7-25-05.) | ||||||
20 | (415 ILCS 5/25d-2) | ||||||
21 | Sec. 25d-2. Contaminant evaluation. The Agency shall | ||||||
22 | evaluate releases of contaminants whenever it determines that | ||||||
23 | the extent of soil , soil gas, or groundwater contamination may | ||||||
24 | extend beyond the boundary of the site where the release |
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1 | occurred. The Agency shall take appropriate actions in response | ||||||
2 | to the release, which may include, but shall not be limited to, | ||||||
3 | public notices, investigations, administrative orders under | ||||||
4 | Sections 22.2d or 57.12(d) of this Act, and enforcement | ||||||
5 | referrals. Except as provided in Section 25d-3 of this Act, for | ||||||
6 | releases undergoing investigation or remediation under Agency | ||||||
7 | oversight the Agency may determine that no further action is | ||||||
8 | necessary to comply with this Section.
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9 | (Source: P.A. 94-314, eff. 7-25-05.) | ||||||
10 | (415 ILCS 5/25d-3) | ||||||
11 | Sec. 25d-3. Notices.
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12 | (a) Beginning January 1, 2006, if the Agency determines | ||||||
13 | that: | ||||||
14 | (1) Soil contamination beyond the boundary of the site | ||||||
15 | where the release occurred , soil gas contamination beyond | ||||||
16 | the boundary of the site where the release occurred, or | ||||||
17 | both pose poses a threat of exposure to the public above | ||||||
18 | the appropriate Tier 1 remediation objectives, based on the | ||||||
19 | current use of the off-site property, adopted by the Board | ||||||
20 | under Title XVII of this Act, the Agency shall give notice | ||||||
21 | of the threat to the owner of the contaminated property; or | ||||||
22 | (2) Groundwater contamination poses a threat of | ||||||
23 | exposure to the public above the Class I groundwater | ||||||
24 | quality standards adopted by the Board under this Act and | ||||||
25 | the Groundwater Protection Act, the Agency shall give |
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1 | notice of the threat to the following: | ||||||
2 | (A) for any private, semi-private, or | ||||||
3 | non-community water system, the owners of the | ||||||
4 | properties served by the system; and | ||||||
5 | (B) for any community water system, | ||||||
6 | (i) the owners and operators of the system ; and | ||||||
7 | (ii) the residents and owners of premises | ||||||
8 | connected to the affected community water system; | ||||||
9 | and | ||||||
10 | (iii) the residents and owners of premises | ||||||
11 | connected to water systems receiving water from | ||||||
12 | the affected community water system . | ||||||
13 | The Agency's determination must be based on the credible, | ||||||
14 | scientific information available to it, and the Agency is not | ||||||
15 | required to perform additional investigations or studies | ||||||
16 | beyond those required by applicable federal or State laws. | ||||||
17 | For notices required under subparagraph (B) of paragraph | ||||||
18 | (2) of subsection (a), the Agency shall (i) within 2 days after | ||||||
19 | determining that groundwater contamination poses a threat of | ||||||
20 | exposure to the public above the Class I groundwater quality | ||||||
21 | standards, provide notice of the determination by issuing a | ||||||
22 | press release and posting the press release on the Agency's | ||||||
23 | website and (ii) within 5 days after the determination, provide | ||||||
24 | the owner and operator of the community water system and the | ||||||
25 | owners and operators of all connected community water systems | ||||||
26 | with a notice printed on Agency letterhead that identifies the |
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1 | contaminant posing the threat, the level of contamination | ||||||
2 | found, and possible human health effects associated with | ||||||
3 | exposure to the contaminant. Within 5 business days after | ||||||
4 | receiving a notice from the Agency under this paragraph, the | ||||||
5 | owner or operator of the community water system must send, to | ||||||
6 | all residents and owners of premises connected to the affected | ||||||
7 | community water system: (i) a copy of the notice by first-class | ||||||
8 | mail or by e-mail; or (ii) notification, in a form approved by | ||||||
9 | the Agency, via first-class postcard, text message, or | ||||||
10 | telephone; except that notices to institutional residents, | ||||||
11 | including, but not limited to, residents of school dormitories, | ||||||
12 | nursing homes, and assisted care facilities, may be made to the | ||||||
13 | owners and operators of those institutions, and the owner or | ||||||
14 | operator of those institutions shall notify their residents in | ||||||
15 | the same manner as prescribed in this subsection for owners and | ||||||
16 | operators of community water systems. If the manner for notice | ||||||
17 | selected by the owner or operator of the community water system | ||||||
18 | does not include a written copy of the notice provided by the | ||||||
19 | Agency, the owner or operator shall include a written copy of | ||||||
20 | the notice provided by the Agency in the next water bill sent | ||||||
21 | to the residents and owners of the premises; provided, however, | ||||||
22 | if the water bill is sent on a postcard, no written copy of the | ||||||
23 | notice provided by the Agency is required if the postcard | ||||||
24 | includes the Internet address for the notice posted on the | ||||||
25 | Agency's website. The front of the envelope or postcard in | ||||||
26 | which any such notice is sent to residents and owners of |
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1 | premises connected to the affected community water system shall | ||||||
2 | carry the following text in at least 18 point font: PUBLIC | ||||||
3 | HEALTH NOTICE - READ IMMEDIATELY. For a postcard, text message, | ||||||
4 | or telephonic communication, the Agency shall specify the | ||||||
5 | minimum information that the owner or operator must include in | ||||||
6 | such methods of notice. Within 7 days after the owner or | ||||||
7 | operator of the community water system sends the notices to | ||||||
8 | residents and owners of premises connected to the community | ||||||
9 | water system, the owner or operator shall provide the Agency | ||||||
10 | with proof that the notices have been sent. The notices | ||||||
11 | required under subparagraph (B) of paragraph (2) of subsection | ||||||
12 | (a) shall be provided whether or not the threat of exposure has | ||||||
13 | been eliminated. | ||||||
14 | (b) Beginning January 1, 2006, if any of the following | ||||||
15 | actions occur: (i) the Agency refers a matter for enforcement | ||||||
16 | under Section 43(a) of this Act; (ii) the Agency issues a seal | ||||||
17 | order under Section 34 of this Act; or (iii) the Agency, the | ||||||
18 | United States Environmental Protection Agency (USEPA), or a | ||||||
19 | third party under Agency or USEPA oversight performs an | ||||||
20 | immediate removal under the federal Comprehensive | ||||||
21 | Environmental Response, Compensation, and Liability Act, as | ||||||
22 | amended, then, within 60 days after the action, the Agency must | ||||||
23 | give notice of the action to the owners of all property within | ||||||
24 | 2,500 feet of the subject contamination or any closer or | ||||||
25 | farther distance that the Agency deems appropriate under the | ||||||
26 | circumstances. Within 30 days after a request by the Agency, |
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1 | the appropriate officials of the county in which the property | ||||||
2 | is located must provide to the Agency the names and addresses | ||||||
3 | of all property owners to whom the Agency is required to give | ||||||
4 | notice under this subsection (b), these owners being the | ||||||
5 | persons or entities that appear from the authentic tax records | ||||||
6 | of the county.
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7 | (c) In addition to the notice requirements of subsection | ||||||
8 | (a) of this Section, the The methods by which the Agency gives | ||||||
9 | the notices required under this Section shall be determined in | ||||||
10 | consultation with members of the public and appropriate members | ||||||
11 | of the regulated community and may include, but shall not be | ||||||
12 | limited to, personal notification, public meetings, signs, | ||||||
13 | electronic notification, and print media. For sites at which a | ||||||
14 | responsible party has implemented a community relations plan, | ||||||
15 | the Agency may allow the responsible party to provide | ||||||
16 | Agency-approved notices in lieu of the notices required to be | ||||||
17 | given by the Agency. Notices issued under this Section may | ||||||
18 | contain the following information: | ||||||
19 | (1) the name and address of the site or facility where | ||||||
20 | the release occurred or is suspected to have occurred;
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21 | (2) the identification of the contaminant released or | ||||||
22 | suspected to have been released;
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23 | (3) information as to whether the contaminant was | ||||||
24 | released or suspected to have been released into the air, | ||||||
25 | land, or water;
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26 | (4) a brief description of the potential adverse health |
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1 | effects posed by the contaminant;
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2 | (5) a recommendation that water systems with wells | ||||||
3 | impacted or potentially impacted by the contaminant be | ||||||
4 | appropriately tested; and
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5 | (6) the name, business address, and phone number of | ||||||
6 | persons at the Agency from whom additional information | ||||||
7 | about the release or suspected release can be obtained.
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8 | (d) Any person who is a responsible party with respect to | ||||||
9 | the release or substantial threat of release for which notice | ||||||
10 | is given under this Section is liable for all reasonable costs | ||||||
11 | incurred by the State in giving the notice. All moneys received | ||||||
12 | by the State under this subsection (d) for costs related to | ||||||
13 | releases and substantial threats of releases of hazardous | ||||||
14 | substances, pesticides, and petroleum other than releases and | ||||||
15 | substantial threats of releases of petroleum from underground | ||||||
16 | storage tanks subject to Title XVI of this Act must be | ||||||
17 | deposited in and used for purposes consistent with the | ||||||
18 | Hazardous Waste Fund. All moneys received by the State under | ||||||
19 | this subsection (d) for costs related to releases and | ||||||
20 | substantial threats of releases of petroleum from underground | ||||||
21 | storage tanks subject to Title XVI of this Act must be | ||||||
22 | deposited in and used for purposes consistent with the | ||||||
23 | Underground Storage Tank Fund.
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24 | (Source: P.A. 94-314, eff. 7-25-05; 95-454, eff. 8-27-07.)
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25 | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
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1 | Sec. 42. Civil penalties.
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2 | (a) Except as provided in this Section, any person that | ||||||
3 | violates any
provision of this Act or any regulation adopted by | ||||||
4 | the Board, or any permit
or term or condition thereof, or that | ||||||
5 | violates any order of the Board pursuant
to this Act, shall be | ||||||
6 | liable for a civil penalty of not to exceed
$50,000 for the | ||||||
7 | violation and an additional civil penalty of not to exceed
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8 | $10,000 for each day during which the violation continues; such | ||||||
9 | penalties may,
upon order of the Board or a court of competent | ||||||
10 | jurisdiction, be made payable
to the Environmental Protection | ||||||
11 | Trust Fund, to be used in accordance with the
provisions of the | ||||||
12 | Environmental Protection Trust Fund Act.
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13 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
14 | this Section:
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15 | (1) Any person that violates Section 12(f) of this Act | ||||||
16 | or any
NPDES permit or term or condition thereof, or any | ||||||
17 | filing requirement,
regulation or order relating to the | ||||||
18 | NPDES permit program, shall be liable
to a civil penalty of | ||||||
19 | not to exceed $10,000 per day of violation.
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20 | (2) Any person that violates Section 12(g) of this Act | ||||||
21 | or any UIC permit
or term or condition thereof, or any | ||||||
22 | filing requirement, regulation or order
relating to the | ||||||
23 | State UIC program for all wells, except Class II wells as
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24 | defined by the Board under this Act, shall be liable to a | ||||||
25 | civil penalty
not to exceed $2,500 per day of violation; | ||||||
26 | provided, however, that any person
who commits such |
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1 | violations relating to the State UIC program for Class
II | ||||||
2 | wells, as defined by the Board under this Act, shall be | ||||||
3 | liable to a civil
penalty of not to exceed $10,000 for the | ||||||
4 | violation and an additional civil
penalty of not to exceed | ||||||
5 | $1,000 for each day during which the violation
continues.
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6 | (3) Any person that violates Sections 21(f), 21(g), | ||||||
7 | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||||||
8 | condition thereof, or any filing
requirement, regulation | ||||||
9 | or order relating to the State RCRA program, shall
be | ||||||
10 | liable to a civil penalty of not to exceed $25,000 per day | ||||||
11 | of violation.
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12 | (4)
In an administrative citation action under Section | ||||||
13 | 31.1 of this Act,
any person found to have violated any | ||||||
14 | provision of subsection (o) of
Section 21 of this Act shall | ||||||
15 | pay a civil penalty of $500 for each
violation of each such | ||||||
16 | provision, plus any hearing costs incurred by the Board
and | ||||||
17 | the Agency. Such penalties shall be made payable to the | ||||||
18 | Environmental
Protection Trust Fund, to be used in | ||||||
19 | accordance with the provisions of the
Environmental | ||||||
20 | Protection Trust Fund Act; except that if a unit of local
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21 | government issued the administrative citation, 50% of the | ||||||
22 | civil penalty shall
be payable to the unit of local | ||||||
23 | government.
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24 | (4-5) In an administrative citation action under | ||||||
25 | Section 31.1 of this
Act, any person found to have violated | ||||||
26 | any
provision of subsection (p) of
Section 21 of this Act |
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1 | shall pay a civil penalty of $1,500 for each violation
of
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2 | each such provision, plus any hearing costs incurred by the | ||||||
3 | Board and the
Agency, except that the civil penalty amount | ||||||
4 | shall be $3,000 for
each violation of any provision of | ||||||
5 | subsection (p) of Section 21 that is the
person's second or | ||||||
6 | subsequent adjudication violation of that
provision. The | ||||||
7 | penalties shall be deposited into the
Environmental | ||||||
8 | Protection Trust Fund, to be used in accordance with the
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9 | provisions of the Environmental Protection Trust Fund Act; | ||||||
10 | except that if a
unit of local government issued the | ||||||
11 | administrative citation, 50% of the civil
penalty shall be | ||||||
12 | payable to the unit of local government.
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13 | (5) Any person who violates subsection 6 of Section | ||||||
14 | 39.5 of this Act
or any CAAPP permit, or term or condition | ||||||
15 | thereof, or any fee or filing
requirement, or any duty to | ||||||
16 | allow or carry out inspection, entry or
monitoring | ||||||
17 | activities, or any regulation or order relating to the | ||||||
18 | CAAPP
shall be liable for a civil penalty not to exceed | ||||||
19 | $10,000 per day of violation.
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20 | (6) Any owner or operator of a community water system | ||||||
21 | that violates subsection (b) of Section 18.1 or subsection | ||||||
22 | (a) of Section 25d-3 of this Act shall, for each day of | ||||||
23 | violation, be liable for a civil penalty not to exceed $5 | ||||||
24 | for each of the premises connected to the affected | ||||||
25 | community water system. | ||||||
26 | (b.5) In lieu of the penalties set forth in subsections (a) |
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1 | and (b) of
this Section, any person who fails to file, in a | ||||||
2 | timely manner, toxic
chemical release forms with the Agency | ||||||
3 | pursuant to Section 25b-2
of this Act
shall be liable for a | ||||||
4 | civil penalty of $100 per day for
each day the forms are
late, | ||||||
5 | not to exceed a maximum total penalty of $6,000. This daily | ||||||
6 | penalty
shall begin accruing on the thirty-first day after the
| ||||||
7 | date that the person receives the warning notice issued by the | ||||||
8 | Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||||||
9 | shall be paid to the Agency. The
daily accrual of penalties | ||||||
10 | shall cease as of January 1 of the following year.
All | ||||||
11 | penalties collected by the Agency pursuant to this subsection | ||||||
12 | shall be
deposited into the Environmental Protection Permit and | ||||||
13 | Inspection Fund.
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14 | (c) Any person that violates this Act, any rule or | ||||||
15 | regulation adopted under
this Act, any permit or term or | ||||||
16 | condition of a permit, or any Board order and
causes the death | ||||||
17 | of fish
or aquatic life shall, in addition to the other | ||||||
18 | penalties provided by
this Act, be liable to pay to the State | ||||||
19 | an additional sum for the
reasonable value of the fish or | ||||||
20 | aquatic life destroyed. Any money so
recovered shall be placed | ||||||
21 | in the Wildlife and Fish Fund in the State
Treasury.
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22 | (d) The penalties provided for in this Section may be | ||||||
23 | recovered in a
civil action.
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24 | (e) The State's Attorney of the county in which the | ||||||
25 | violation
occurred, or the Attorney General, may, at the | ||||||
26 | request of the Agency or
on his own motion, institute a civil |
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1 | action for an injunction, prohibitory or mandatory, to
restrain | ||||||
2 | violations of this Act, any rule or regulation adopted under | ||||||
3 | this Act,
any permit or term or condition of a permit, or any | ||||||
4 | Board order, or to require such other actions as may be | ||||||
5 | necessary to address violations of this Act, any rule or | ||||||
6 | regulation adopted under this Act, any permit or term or | ||||||
7 | condition of a permit, or any Board order.
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8 | (f) The State's Attorney of the county in which the | ||||||
9 | violation
occurred, or the Attorney General, shall bring such | ||||||
10 | actions in the name
of the people of the State of Illinois.
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11 | Without limiting any other authority which may exist for the | ||||||
12 | awarding
of attorney's fees and costs, the Board or a court of | ||||||
13 | competent
jurisdiction may award costs and reasonable | ||||||
14 | attorney's fees, including the
reasonable costs of expert | ||||||
15 | witnesses and consultants, to the State's
Attorney or the | ||||||
16 | Attorney General in a case where he has prevailed against a
| ||||||
17 | person who has committed a wilful, knowing or repeated | ||||||
18 | violation of this Act,
any rule or regulation adopted under | ||||||
19 | this Act, any permit or term or condition
of a permit, or any | ||||||
20 | Board order.
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21 | Any funds collected under this subsection (f) in which the | ||||||
22 | Attorney
General has prevailed shall be deposited in the
| ||||||
23 | Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||||||
24 | funds
collected under this subsection (f) in which a State's | ||||||
25 | Attorney has
prevailed shall be retained by the county in which | ||||||
26 | he serves.
|
| |||||||
| |||||||
1 | (g) All final orders imposing civil penalties pursuant to | ||||||
2 | this Section
shall prescribe the time for payment of such | ||||||
3 | penalties. If any such
penalty is not paid within the time | ||||||
4 | prescribed, interest on such penalty
at the rate set forth in | ||||||
5 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
6 | shall be paid for the period from the date payment is due until | ||||||
7 | the
date payment is received. However, if the time for payment | ||||||
8 | is stayed during
the pendency of an appeal, interest shall not | ||||||
9 | accrue during such stay.
| ||||||
10 | (h) In determining the appropriate civil penalty to be | ||||||
11 | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | ||||||
12 | (b)(5) of this
Section, the Board is authorized to consider any | ||||||
13 | matters of record in
mitigation or aggravation of penalty, | ||||||
14 | including but not limited to the
following factors:
| ||||||
15 | (1) the duration and gravity of the violation;
| ||||||
16 | (2) the presence or absence of due diligence on the | ||||||
17 | part of the
respondent in attempting to comply with | ||||||
18 | requirements of this
Act and regulations thereunder or to | ||||||
19 | secure relief therefrom as provided by
this Act;
| ||||||
20 | (3) any economic benefits accrued by the respondent
| ||||||
21 | because of delay in compliance with requirements, in which | ||||||
22 | case the economic
benefits shall be determined by the | ||||||
23 | lowest cost alternative for achieving
compliance;
| ||||||
24 | (4) the amount of monetary penalty which will serve to | ||||||
25 | deter further
violations by the respondent and to otherwise | ||||||
26 | aid in enhancing
voluntary
compliance with this Act by the |
| |||||||
| |||||||
1 | respondent and other persons
similarly
subject 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; and
| ||||||
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.
| ||||||
14 | In determining the appropriate civil penalty to be imposed | ||||||
15 | under subsection
(a) or paragraph (1), (2), (3), or (5) of | ||||||
16 | subsection (b) of this Section, the
Board shall ensure, in all | ||||||
17 | cases, that the penalty is at least as great as the
economic | ||||||
18 | benefits, if any, accrued by the respondent as a result of the
| ||||||
19 | violation, unless the Board finds that imposition of such | ||||||
20 | penalty would result
in an arbitrary or unreasonable financial | ||||||
21 | hardship. However, such civil
penalty
may be off-set in whole | ||||||
22 | or in part pursuant to a supplemental
environmental project | ||||||
23 | agreed to by the complainant and the respondent.
| ||||||
24 | (i) A person who voluntarily self-discloses non-compliance | ||||||
25 | to the Agency,
of which the Agency had been unaware, is | ||||||
26 | entitled to a 100% reduction in the
portion of the penalty that |
| |||||||
| |||||||
1 | is not based on the economic benefit of
non-compliance if the | ||||||
2 | person can
establish the following:
| ||||||
3 | (1) that the non-compliance was discovered through an | ||||||
4 | environmental
audit or a compliance management system | ||||||
5 | documented by the regulated entity as
reflecting the | ||||||
6 | regulated entity's due diligence in preventing, detecting, | ||||||
7 | and
correcting violations;
| ||||||
8 | (2) that the non-compliance was disclosed in writing | ||||||
9 | within 30 days of
the date on which the person discovered | ||||||
10 | it;
| ||||||
11 | (3) that the non-compliance was discovered and | ||||||
12 | disclosed prior to:
| ||||||
13 | (i) the commencement of an Agency inspection, | ||||||
14 | investigation, or request
for information;
| ||||||
15 | (ii) notice of a citizen suit;
| ||||||
16 | (iii) the filing of a complaint by a citizen, the | ||||||
17 | Illinois Attorney
General, or the State's Attorney of | ||||||
18 | the county in which the violation occurred;
| ||||||
19 | (iv) the reporting of the non-compliance by an | ||||||
20 | employee of the person
without that person's | ||||||
21 | knowledge; or
| ||||||
22 | (v) imminent discovery of the non-compliance by | ||||||
23 | the Agency;
| ||||||
24 | (4) that the non-compliance is being corrected and any | ||||||
25 | environmental
harm is being remediated in a timely fashion;
| ||||||
26 | (5) that the person agrees to prevent a recurrence of |
| |||||||
| |||||||
1 | the non-compliance;
| ||||||
2 | (6) that no related non-compliance events have | ||||||
3 | occurred in the
past 3 years at the same facility or in the | ||||||
4 | past 5 years as part of a
pattern at multiple facilities | ||||||
5 | owned or operated by the person;
| ||||||
6 | (7) that the non-compliance did not result in serious | ||||||
7 | actual
harm or present an imminent and substantial | ||||||
8 | endangerment to human
health or the environment or violate | ||||||
9 | the specific terms of any judicial or
administrative order | ||||||
10 | or consent agreement;
| ||||||
11 | (8) that the person cooperates as reasonably requested | ||||||
12 | by the Agency
after the disclosure; and
| ||||||
13 | (9) that the non-compliance was identified voluntarily | ||||||
14 | and not through a
monitoring, sampling, or auditing | ||||||
15 | procedure that is required by statute, rule,
permit, | ||||||
16 | judicial or administrative order, or consent agreement.
| ||||||
17 | If a person can establish all of the elements under this | ||||||
18 | subsection except
the element set forth in paragraph (1) of | ||||||
19 | this subsection, the person is
entitled to a 75% reduction in | ||||||
20 | the portion of the penalty that is not based
upon the economic | ||||||
21 | benefit of non-compliance.
| ||||||
22 | (j) In addition to an other remedy or penalty that may
| ||||||
23 | apply, whether civil or criminal, any person who violates | ||||||
24 | Section 22.52 of this Act shall be liable for an additional | ||||||
25 | civil penalty of up to 3 times the gross amount of any | ||||||
26 | pecuniary gain resulting from the violation.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-272, eff. 7-19-05; 94-580, eff. 8-12-05; | ||||||
2 | 95-331, eff. 8-21-07.)
| ||||||
3 | (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| ||||||
4 | Sec. 44. Criminal acts; penalties.
| ||||||
5 | (a) Except as otherwise provided in this Section, it shall | ||||||
6 | be
a Class A misdemeanor to violate this Act or
regulations | ||||||
7 | thereunder, or any permit or term or condition thereof, or
| ||||||
8 | knowingly to submit any false information under this Act or | ||||||
9 | regulations
adopted thereunder, or under any permit or term or | ||||||
10 | condition thereof.
A court may, in addition to any other | ||||||
11 | penalty herein imposed, order a person
convicted of any | ||||||
12 | violation of this Act to perform
community service for not less | ||||||
13 | than 100 hours and not more than 300 hours if
community service | ||||||
14 | is available in the jurisdiction.
It shall be the duty of all | ||||||
15 | State and local law-enforcement officers to
enforce such Act | ||||||
16 | and regulations, and all such officers shall have
authority to | ||||||
17 | issue citations for such violations.
| ||||||
18 | (b) Calculated Criminal Disposal of Hazardous Waste.
| ||||||
19 | (1) A person commits the offense of Calculated Criminal | ||||||
20 | Disposal of
Hazardous Waste when, without lawful | ||||||
21 | justification, he knowingly disposes
of hazardous waste | ||||||
22 | while knowing that he thereby places another
person in | ||||||
23 | danger of great bodily harm or creates an immediate or | ||||||
24 | long-term
danger to the public health or the environment.
|
| |||||||
| |||||||
1 | (2) Calculated Criminal Disposal of Hazardous Waste is | ||||||
2 | a Class 2 felony.
In addition to any other penalties | ||||||
3 | prescribed by law, a person convicted
of the offense of | ||||||
4 | Calculated Criminal Disposal of Hazardous Waste is subject
| ||||||
5 | to a fine not to exceed $500,000 for each day of such | ||||||
6 | offense.
| ||||||
7 | (c) Criminal Disposal of Hazardous Waste.
| ||||||
8 | (1) A person commits the offense of Criminal Disposal | ||||||
9 | of Hazardous Waste
when, without lawful justification, he | ||||||
10 | knowingly disposes of hazardous waste.
| ||||||
11 | (2) Criminal Disposal of Hazardous Waste is a Class 3 | ||||||
12 | felony. In addition
to any other penalties prescribed by | ||||||
13 | law, a person convicted of the offense
of Criminal Disposal | ||||||
14 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
15 | $250,000 for each day of such offense.
| ||||||
16 | (d) Unauthorized Use of Hazardous Waste.
| ||||||
17 | (1) A person commits the offense of Unauthorized Use of | ||||||
18 | Hazardous Waste
when he, being required to have a permit, | ||||||
19 | registration, or license under
this Act or any
other law | ||||||
20 | regulating the treatment, transportation, or storage of | ||||||
21 | hazardous
waste, knowingly:
| ||||||
22 | (A) treats, transports, or stores any hazardous | ||||||
23 | waste without such
permit, registration, or license;
| ||||||
24 | (B) treats, transports, or stores any hazardous |
| |||||||
| |||||||
1 | waste in violation of
the terms and conditions of such | ||||||
2 | permit or license;
| ||||||
3 | (C) transports any hazardous waste to a facility | ||||||
4 | which does not have a
permit or license required under | ||||||
5 | this Act; or
| ||||||
6 | (D) transports by vehicle any hazardous waste | ||||||
7 | without having in
each vehicle credentials issued to | ||||||
8 | the transporter by the transporter's base
state | ||||||
9 | pursuant to procedures established under the Uniform | ||||||
10 | Program.
| ||||||
11 | (2) A person who is convicted of a violation of | ||||||
12 | subdivision (1)(A), (1)(B)
or (1)(C) of this subsection is | ||||||
13 | guilty of a Class 4 felony. A person who
is convicted of a | ||||||
14 | violation of subdivision (1)(D) is guilty of a Class A
| ||||||
15 | misdemeanor. In addition to any other penalties prescribed | ||||||
16 | by law, a person
convicted of violating subdivision (1)(A), | ||||||
17 | (1)(B) or (1)(C) is subject to
a fine not to exceed | ||||||
18 | $100,000 for each day of such violation, and a
person who | ||||||
19 | is convicted of violating subdivision (1)(D) is subject to | ||||||
20 | a
fine not to exceed $1,000.
| ||||||
21 | (e) Unlawful Delivery of Hazardous Waste.
| ||||||
22 | (1) Except as authorized by this Act or the federal | ||||||
23 | Resource
Conservation and Recovery Act, and the | ||||||
24 | regulations promulgated thereunder,
it is unlawful for any | ||||||
25 | person to knowingly deliver hazardous waste.
|
| |||||||
| |||||||
1 | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | ||||||
2 | felony. In
addition to any other penalties prescribed by | ||||||
3 | law, a person convicted of
the offense of Unlawful Delivery | ||||||
4 | of Hazardous Waste is subject to a fine
not to exceed | ||||||
5 | $250,000 for each such violation.
| ||||||
6 | (3) For purposes of this Section, "deliver" or | ||||||
7 | "delivery" means the
actual, constructive, or attempted | ||||||
8 | transfer of possession of hazardous
waste, with or without | ||||||
9 | consideration, whether or not there is an agency
| ||||||
10 | relationship.
| ||||||
11 | (f) Reckless Disposal of Hazardous Waste.
| ||||||
12 | (1) A person commits Reckless Disposal of Hazardous | ||||||
13 | Waste if he disposes
of hazardous waste, and his acts which | ||||||
14 | cause the hazardous waste to be disposed
of, whether or not | ||||||
15 | those acts are undertaken pursuant to or under color
of any | ||||||
16 | permit or license, are performed with a conscious disregard | ||||||
17 | of a
substantial and unjustifiable risk that such disposing | ||||||
18 | of
hazardous waste is a gross deviation from the standard | ||||||
19 | of care which a
reasonable person would exercise in the | ||||||
20 | situation.
| ||||||
21 | (2) Reckless Disposal of Hazardous Waste is a Class 4 | ||||||
22 | felony. In addition
to any other penalties prescribed by | ||||||
23 | law, a person convicted of the offense
of Reckless Disposal | ||||||
24 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
25 | $50,000 for each day of such offense.
|
| |||||||
| |||||||
1 | (g) Concealment of Criminal Disposal of Hazardous Waste.
| ||||||
2 | (1) A person commits the offense of Concealment of | ||||||
3 | Criminal Disposal
of Hazardous Waste when he conceals, | ||||||
4 | without lawful justification, the disposal
of hazardous | ||||||
5 | waste with the knowledge that such hazardous waste has been
| ||||||
6 | disposed of in violation of this Act.
| ||||||
7 | (2) Concealment of Criminal Disposal of a Hazardous | ||||||
8 | Waste is a Class
4 felony. In addition to any other | ||||||
9 | penalties prescribed by law, a person
convicted of the | ||||||
10 | offense of Concealment of Criminal Disposal of Hazardous
| ||||||
11 | Waste is subject to a fine not to exceed $50,000 for each | ||||||
12 | day of such offense.
| ||||||
13 | (h) Violations; False Statements.
| ||||||
14 | (1) Any person who knowingly makes a false material | ||||||
15 | statement in an
application for a permit or license | ||||||
16 | required by this Act to treat, transport,
store, or dispose | ||||||
17 | of hazardous waste commits the offense of perjury and
shall | ||||||
18 | be subject to the penalties set forth in Section 32-2 of | ||||||
19 | the Criminal
Code of 1961.
| ||||||
20 | (2) Any person who knowingly makes a false material | ||||||
21 | statement or
representation in any label, manifest, | ||||||
22 | record, report, permit or license,
or other document filed, | ||||||
23 | maintained or used for the purpose of compliance
with this | ||||||
24 | Act in connection with the generation, disposal, |
| |||||||
| |||||||
1 | treatment,
storage, or transportation of hazardous waste | ||||||
2 | commits a Class 4 felony. A
second or any subsequent | ||||||
3 | offense after conviction hereunder is a Class 3
felony.
| ||||||
4 | (3) Any person who knowingly destroys, alters or | ||||||
5 | conceals any record
required to be made by this Act in | ||||||
6 | connection with the disposal, treatment,
storage, or | ||||||
7 | transportation of hazardous waste, commits a Class 4 | ||||||
8 | felony.
A second or any subsequent offense after a | ||||||
9 | conviction hereunder is a
Class 3 felony.
| ||||||
10 | (4) Any person who knowingly makes a false material | ||||||
11 | statement or
representation in any application, bill, | ||||||
12 | invoice, or other document filed,
maintained, or used for | ||||||
13 | the purpose of receiving money from the Underground
Storage | ||||||
14 | Tank Fund commits a Class 4 felony. A second or any | ||||||
15 | subsequent
offense after conviction hereunder is a Class 3 | ||||||
16 | felony.
| ||||||
17 | (5) Any person who knowingly destroys, alters, or | ||||||
18 | conceals any record
required to be made or maintained by | ||||||
19 | this Act or required to be made or
maintained by Board or | ||||||
20 | Agency rules for the purpose of receiving money from
the | ||||||
21 | Underground Storage Tank Fund commits a Class 4 felony. A | ||||||
22 | second or any
subsequent offense after a conviction | ||||||
23 | hereunder is a Class 3 felony.
| ||||||
24 | (6) A person who knowingly and falsely certifies under | ||||||
25 | Section 22.48
that an industrial process waste or pollution | ||||||
26 | control waste is not special
waste commits a Class 4 felony |
| |||||||
| |||||||
1 | for a first offense and commits a Class 3 felony
for a | ||||||
2 | second or subsequent offense.
| ||||||
3 | (7) In addition to any other penalties prescribed by | ||||||
4 | law, a person
convicted of violating this subsection (h) is | ||||||
5 | subject to a fine not to
exceed $50,000 for each day of | ||||||
6 | such violation.
| ||||||
7 | (8) Any person who knowingly makes a false, fictitious, | ||||||
8 | or fraudulent material statement, orally or in writing, to | ||||||
9 | the Agency, or to a unit of local government to which the | ||||||
10 | Agency has delegated authority under subsection (r) of | ||||||
11 | Section 4 of this Act, related to or required by this Act, | ||||||
12 | a regulation adopted under this Act, any federal law or | ||||||
13 | regulation for which the Agency has responsibility, or any | ||||||
14 | permit, term, or condition thereof, commits a Class 4 | ||||||
15 | felony, and each such statement or writing shall be | ||||||
16 | considered a separate Class 4 felony. A person who, after | ||||||
17 | being convicted under this paragraph (8), violates this | ||||||
18 | paragraph (8) a second or subsequent time, commits a Class | ||||||
19 | 3 felony.
| ||||||
20 | (i) Verification.
| ||||||
21 | (1) Each application for a permit or license to dispose
| ||||||
22 | of, transport, treat, store or generate hazardous waste | ||||||
23 | under this Act
shall contain an affirmation that the facts | ||||||
24 | are true and are made under
penalty of perjury as defined | ||||||
25 | in Section 32-2 of the Criminal Code of 1961.
It is perjury |
| |||||||
| |||||||
1 | for a person to sign any such application for a permit or
| ||||||
2 | license which contains a false material statement, which he | ||||||
3 | does not believe
to be true.
| ||||||
4 | (2) Each request for money from the Underground Storage | ||||||
5 | Tank Fund
shall contain an affirmation that the facts are | ||||||
6 | true and are made under
penalty of perjury as defined in | ||||||
7 | Section 32-2 of the Criminal Code of 1961.
It is perjury | ||||||
8 | for a person to sign any request that contains a false
| ||||||
9 | material statement that he does not believe to be true.
| ||||||
10 | (j) Violations of Other Provisions.
| ||||||
11 | (1) It is unlawful for a person knowingly to violate:
| ||||||
12 | (A) subsection (f) of Section 12 of this Act;
| ||||||
13 | (B) subsection (g) of Section 12 of this Act;
| ||||||
14 | (C) any term or condition of any Underground | ||||||
15 | Injection Control (UIC)
permit;
| ||||||
16 | (D) any filing requirement, regulation, or order | ||||||
17 | relating to the State
Underground Injection Control | ||||||
18 | (UIC) program;
| ||||||
19 | (E) any provision of any regulation, standard, or | ||||||
20 | filing requirement
under subsection (b) of Section 13 | ||||||
21 | of this Act;
| ||||||
22 | (F) any provision of any regulation, standard, or | ||||||
23 | filing requirement
under subsection (b) of Section 39 | ||||||
24 | of this Act;
| ||||||
25 | (G) any National Pollutant Discharge Elimination |
| |||||||
| |||||||
1 | System (NPDES) permit
issued under this Act or any term | ||||||
2 | or condition of such permit;
| ||||||
3 | (H) subsection (h) of Section 12 of this Act;
| ||||||
4 | (I) subsection 6 of Section 39.5 of this Act;
| ||||||
5 | (J) any provision of any regulation, standard or | ||||||
6 | filing requirement
under Section 39.5 of this Act;
| ||||||
7 | (K) a provision of the Procedures for Asbestos | ||||||
8 | Emission Control in
subsection (c) of
Section 61.145 of | ||||||
9 | Title 40 of the Code of Federal Regulations; or | ||||||
10 | (L) the standard for waste disposal for | ||||||
11 | manufacturing, fabricating, demolition, renovation, | ||||||
12 | and spraying operations in Section 61.150 of Title 40 | ||||||
13 | of the Code of Federal Regulations.
| ||||||
14 | (2) A person convicted of a violation of subdivision | ||||||
15 | (1) of this
subsection commits a Class 4 felony, and in | ||||||
16 | addition to any other penalty
prescribed by law is subject | ||||||
17 | to a fine not to exceed $25,000 for each day
of such | ||||||
18 | violation.
| ||||||
19 | (3) A person who negligently violates the following | ||||||
20 | shall be subject
to a fine not to exceed $10,000 for each | ||||||
21 | day of such violation:
| ||||||
22 | (A) subsection (f) of Section 12 of this Act;
| ||||||
23 | (B) subsection (g) of Section 12 of this Act;
| ||||||
24 | (C) any provision of any regulation, standard, or | ||||||
25 | filing requirement
under subsection (b) of Section 13 | ||||||
26 | of this Act;
|
| |||||||
| |||||||
1 | (D) any provision of any regulation, standard, or | ||||||
2 | filing requirement
under subsection (b) of Section 39 | ||||||
3 | of this Act;
| ||||||
4 | (E) any National Pollutant Discharge Elimination | ||||||
5 | System (NPDES) permit
issued under this Act;
| ||||||
6 | (F) subsection 6 of Section 39.5 of this Act; or
| ||||||
7 | (G) any provision of any regulation, standard, or | ||||||
8 | filing requirement
under Section 39.5 of this Act.
| ||||||
9 | (4) It is unlawful for a person knowingly to:
| ||||||
10 | (A) make any false statement, representation, or | ||||||
11 | certification
in an application form, or form | ||||||
12 | pertaining to, a National Pollutant Discharge
| ||||||
13 | Elimination System (NPDES) permit;
| ||||||
14 | (B) render inaccurate any monitoring device or | ||||||
15 | record required by the
Agency or Board in connection | ||||||
16 | with any such permit or with any discharge
which is | ||||||
17 | subject to the provisions of subsection (f) of Section | ||||||
18 | 12 of this
Act;
| ||||||
19 | (C) make any false statement, representation, or | ||||||
20 | certification in any
form, notice or report pertaining | ||||||
21 | to a CAAPP permit under Section 39.5 of this
Act;
| ||||||
22 | (D) render inaccurate any monitoring device or | ||||||
23 | record required by
the Agency or Board in connection | ||||||
24 | with any CAAPP permit or with any
emission which is | ||||||
25 | subject to the provisions of Section 39.5 of this Act; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (E) violate subsection 6 of Section 39.5 of this | ||||||
2 | Act or any CAAPP
permit, or term or condition thereof, | ||||||
3 | or any fee or filing requirement.
| ||||||
4 | (5) A person convicted of a violation of subdivision | ||||||
5 | (4) of this
subsection commits a Class A misdemeanor, and | ||||||
6 | in addition to any other
penalties provided by law is | ||||||
7 | subject to a fine not to exceed $10,000 for
each day of | ||||||
8 | violation.
| ||||||
9 | (k) Criminal operation of a hazardous waste or PCB | ||||||
10 | incinerator.
| ||||||
11 | (1) A person commits the offense of criminal operation | ||||||
12 | of a hazardous
waste or PCB incinerator when, in the course | ||||||
13 | of operating a hazardous waste
or PCB incinerator, he | ||||||
14 | knowingly and without justification operates
the | ||||||
15 | incinerator (i) without an Agency permit, or in knowing | ||||||
16 | violation of
the terms of an Agency permit, and (ii) as a | ||||||
17 | result of such violation,
knowingly places any person in | ||||||
18 | danger of great bodily harm or knowingly
creates an | ||||||
19 | immediate or long term material danger to the public health | ||||||
20 | or
the environment.
| ||||||
21 | (2) Any person who commits the offense of criminal | ||||||
22 | operation of a
hazardous waste or PCB incinerator for the | ||||||
23 | first time commits a Class 4
felony and, in addition to any | ||||||
24 | other penalties prescribed by law, shall be
subject to a | ||||||
25 | fine not to exceed $100,000 for each day of the offense.
|
| |||||||
| |||||||
1 | Any person who commits the offense of criminal | ||||||
2 | operation of a hazardous
waste or PCB incinerator for a | ||||||
3 | second or subsequent time commits a Class 3
felony and, in | ||||||
4 | addition to any other penalties prescribed by law, shall be
| ||||||
5 | subject to a fine not to exceed $250,000 for each day of | ||||||
6 | the offense.
| ||||||
7 | (3) For the purpose of this subsection (k), the term | ||||||
8 | "hazardous waste
or PCB incinerator" means a pollution | ||||||
9 | control facility at which
either hazardous waste or PCBs, | ||||||
10 | or both, are incinerated. "PCBs" means any
substance or | ||||||
11 | mixture of substances that contains one or more
| ||||||
12 | polychlorinated biphenyls in detectable amounts.
| ||||||
13 | (l) It shall be the duty of all State and local law | ||||||
14 | enforcement officers
to enforce this Act and the regulations | ||||||
15 | adopted hereunder, and all such
officers shall have authority | ||||||
16 | to issue citations for such violations.
| ||||||
17 | (m) Any action brought under this Section shall be brought | ||||||
18 | by the
State's Attorney of the county in which the violation | ||||||
19 | occurred, or by the
Attorney General, and shall be conducted in | ||||||
20 | accordance with the applicable
provisions of the Code of | ||||||
21 | Criminal Procedure of 1963.
| ||||||
22 | (n) For an offense described in this Section, the period | ||||||
23 | for
commencing prosecution prescribed by the statute of | ||||||
24 | limitations shall not
begin to run until the offense is | ||||||
25 | discovered by or reported to a State or
local agency having the | ||||||
26 | authority to investigate violations of this Act.
|
| |||||||
| |||||||
1 | (o) In addition to any other penalties provided under this
| ||||||
2 | Act, if a person is convicted of (or agrees to a settlement in | ||||||
3 | an enforcement
action over) illegal dumping of waste on the | ||||||
4 | person's own property, the
Attorney General, the Agency or | ||||||
5 | local prosecuting authority shall file notice
of the | ||||||
6 | conviction, finding or agreement in the office of the Recorder | ||||||
7 | in the
county in which the landowner lives.
| ||||||
8 | (p) Criminal Disposal of Waste.
| ||||||
9 | (1) A person commits the offense of Criminal Disposal | ||||||
10 | of Waste when he or
she:
| ||||||
11 | (A) if required to have a permit under subsection | ||||||
12 | (d)
of Section 21 of this Act, knowingly conducts a | ||||||
13 | waste-storage, waste-treatment,
or
waste-disposal | ||||||
14 | operation in a quantity that exceeds 250 cubic feet of | ||||||
15 | waste
without a permit; or
| ||||||
16 | (B) knowingly conducts open dumping of waste in | ||||||
17 | violation of subsection
(a) of
Section 21 of this Act.
| ||||||
18 | (2) (A) A person who is convicted of a violation of | ||||||
19 | item (A) of
subdivision (1) of this subsection is guilty of | ||||||
20 | a Class 4 felony for a first
offense
and, in
addition to | ||||||
21 | any other penalties provided by law, is subject to a fine | ||||||
22 | not to
exceed $25,000 for each day of violation.
A person | ||||||
23 | who is convicted of a violation of item (A) of subdivision | ||||||
24 | (1) of this
subsection is guilty of a Class 3 felony for a | ||||||
25 | second or subsequent offense
and, in addition to any other | ||||||
26 | penalties provided by law, is subject to a fine
not to |
| |||||||
| |||||||
1 | exceed $50,000 for each day of violation.
| ||||||
2 | (B) A person who is convicted of a
violation of | ||||||
3 | item (B) of subdivision
(1) of this subsection is | ||||||
4 | guilty of a Class A misdemeanor.
However, a person who | ||||||
5 | is convicted of a second or subsequent violation of | ||||||
6 | item
(B) of
subdivision (1) of this
subsection for the | ||||||
7 | open dumping of waste in a quantity that exceeds 250 | ||||||
8 | cubic
feet is guilty of a Class 4 felony
and, in
| ||||||
9 | addition to any other penalties provided by law, is | ||||||
10 | subject to a fine not to
exceed $5,000 for each day of | ||||||
11 | violation.
| ||||||
12 | (Source: P.A. 94-286, eff. 7-21-05.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|