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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 44 as follows:
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6 | (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
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7 | Sec. 44. Criminal acts; penalties.
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8 | (a) Except as otherwise provided in this Section, it shall | ||||||
9 | be
a Class A misdemeanor to violate this Act or
regulations | ||||||
10 | thereunder, or any permit or term or condition thereof, or
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11 | knowingly to submit any false information under this Act or | ||||||
12 | regulations
adopted thereunder, or under any permit or term or | ||||||
13 | condition thereof.
A court may, in addition to any other | ||||||
14 | penalty herein imposed, order a person
convicted of any | ||||||
15 | violation of this Act to perform
community service for not less | ||||||
16 | than 100 hours and not more than 300 hours if
community service | ||||||
17 | is available in the jurisdiction.
It shall be the duty of all | ||||||
18 | State and local law-enforcement officers to
enforce such Act | ||||||
19 | and regulations, and all such officers shall have
authority to | ||||||
20 | issue citations for such violations.
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21 | (b) Calculated Criminal Disposal of Hazardous Waste.
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22 | (1) A person commits the offense of Calculated Criminal |
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1 | Disposal of
Hazardous Waste when, without lawful | ||||||
2 | justification, he knowingly disposes
of hazardous waste | ||||||
3 | while knowing that he thereby places another
person in | ||||||
4 | danger of great bodily harm or creates an immediate or | ||||||
5 | long-term
danger to the public health or the environment.
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6 | (2) Calculated Criminal Disposal of Hazardous Waste is | ||||||
7 | a Class 2 felony.
In addition to any other penalties | ||||||
8 | prescribed by law, a person convicted
of the offense of | ||||||
9 | Calculated Criminal Disposal of Hazardous Waste is subject
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10 | to a fine not to exceed $500,000 for each day of such | ||||||
11 | offense.
| ||||||
12 | (c) Criminal Disposal of Hazardous Waste.
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13 | (1) A person commits the offense of Criminal Disposal | ||||||
14 | of Hazardous Waste
when, without lawful justification, he | ||||||
15 | knowingly disposes of hazardous waste.
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16 | (2) Criminal Disposal of Hazardous Waste is a Class 3 | ||||||
17 | felony. In addition
to any other penalties prescribed by | ||||||
18 | law, a person convicted of the offense
of Criminal Disposal | ||||||
19 | of Hazardous Waste is subject to a fine not to exceed
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20 | $250,000 for each day of such offense.
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21 | (d) Unauthorized Use of Hazardous Waste.
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22 | (1) A person commits the offense of Unauthorized Use of | ||||||
23 | Hazardous Waste
when he, being required to have a permit, | ||||||
24 | registration, or license under
this Act or any
other law |
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1 | regulating the treatment, transportation, or storage of | ||||||
2 | hazardous
waste, knowingly:
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3 | (A) treats, transports, or stores any hazardous | ||||||
4 | waste without such
permit, registration, or license;
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5 | (B) treats, transports, or stores any hazardous | ||||||
6 | waste in violation of
the terms and conditions of such | ||||||
7 | permit or license;
| ||||||
8 | (C) transports any hazardous waste to a facility | ||||||
9 | which does not have a
permit or license required under | ||||||
10 | this Act; or
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11 | (D) transports by vehicle any hazardous waste | ||||||
12 | without having in
each vehicle credentials issued to | ||||||
13 | the transporter by the transporter's base
state | ||||||
14 | pursuant to procedures established under the Uniform | ||||||
15 | Program.
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16 | (2) A person who is convicted of a violation of | ||||||
17 | subparagraph (A), (B), or (C) of paragraph (1) subdivision | ||||||
18 | (1)(A), (1)(B)
or (1)(C) of this subsection is guilty of a | ||||||
19 | Class 4 felony. A person who
is convicted of a violation of | ||||||
20 | subparagraph (D) of paragraph (1) of this subsection | ||||||
21 | subdivision (1)(D) is guilty of a Class A
misdemeanor. In | ||||||
22 | addition to any other penalties prescribed by law, a person
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23 | convicted of violating subparagraph (A), (B), or (C) of | ||||||
24 | paragraph (1) of this subsection subdivision (1)(A), | ||||||
25 | (1)(B) or (1)(C) is subject to
a fine not to exceed | ||||||
26 | $100,000 for each day of such violation, and a
person who |
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1 | is convicted of violating subparagraph (D) of paragraph (1) | ||||||
2 | of this subsection subdivision (1)(D) is subject to a
fine | ||||||
3 | not to exceed $1,000.
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4 | (e) Unlawful Delivery of Hazardous Waste.
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5 | (1) Except as authorized by this Act or the federal | ||||||
6 | Resource
Conservation and Recovery Act, and the | ||||||
7 | regulations promulgated thereunder,
it is unlawful for any | ||||||
8 | person to knowingly deliver hazardous waste.
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9 | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | ||||||
10 | felony. In
addition to any other penalties prescribed by | ||||||
11 | law, a person convicted of
the offense of Unlawful Delivery | ||||||
12 | of Hazardous Waste is subject to a fine
not to exceed | ||||||
13 | $250,000 for each such violation.
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14 | (3) For purposes of this Section, "deliver" or | ||||||
15 | "delivery" means the
actual, constructive, or attempted | ||||||
16 | transfer of possession of hazardous
waste, with or without | ||||||
17 | consideration, whether or not there is an agency
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18 | relationship.
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19 | (f) Reckless Disposal of Hazardous Waste.
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20 | (1) A person commits Reckless Disposal of Hazardous | ||||||
21 | Waste if he disposes
of hazardous waste, and his acts which | ||||||
22 | cause the hazardous waste to be disposed
of, whether or not | ||||||
23 | those acts are undertaken pursuant to or under color
of any | ||||||
24 | permit or license, are performed with a conscious disregard |
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1 | of a
substantial and unjustifiable risk that such disposing | ||||||
2 | of
hazardous waste is a gross deviation from the standard | ||||||
3 | of care which a
reasonable person would exercise in the | ||||||
4 | situation.
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5 | (2) Reckless Disposal of Hazardous Waste is a Class 4 | ||||||
6 | felony. In addition
to any other penalties prescribed by | ||||||
7 | law, a person convicted of the offense
of Reckless Disposal | ||||||
8 | of Hazardous Waste is subject to a fine not to exceed
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9 | $50,000 for each day of such offense.
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10 | (g) Concealment of Criminal Disposal of Hazardous Waste.
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11 | (1) A person commits the offense of Concealment of | ||||||
12 | Criminal Disposal
of Hazardous Waste when he conceals, | ||||||
13 | without lawful justification, the disposal
of hazardous | ||||||
14 | waste with the knowledge that such hazardous waste has been
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15 | disposed of in violation of this Act.
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16 | (2) Concealment of Criminal Disposal of a Hazardous | ||||||
17 | Waste is a Class
4 felony. In addition to any other | ||||||
18 | penalties prescribed by law, a person
convicted of the | ||||||
19 | offense of Concealment of Criminal Disposal of Hazardous
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20 | Waste is subject to a fine not to exceed $50,000 for each | ||||||
21 | day of such offense.
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22 | (h) Violations; False Statements.
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23 | (1) Any person who knowingly makes a false material | ||||||
24 | statement in an
application for a permit or license |
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1 | required by this Act to treat, transport,
store, or dispose | ||||||
2 | of hazardous waste commits the offense of perjury and
shall | ||||||
3 | be subject to the penalties set forth in Section 32-2 of | ||||||
4 | the Criminal
Code of 1961.
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5 | (2) Any person who knowingly makes a false material | ||||||
6 | statement or
representation in any label, manifest, | ||||||
7 | record, report, permit or license,
or other document filed, | ||||||
8 | maintained , or used for the purpose of compliance
with this | ||||||
9 | Act in connection with the generation, disposal, | ||||||
10 | treatment,
storage, or transportation of hazardous waste | ||||||
11 | commits a Class 4 felony. A
second or any subsequent | ||||||
12 | offense after conviction hereunder is a Class 3
felony.
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13 | (3) Any person who knowingly destroys, alters , or | ||||||
14 | conceals any record
required to be made by this Act in | ||||||
15 | connection with the disposal, treatment,
storage, or | ||||||
16 | transportation of hazardous waste , commits a Class 4 | ||||||
17 | felony.
A second or any subsequent offense after a | ||||||
18 | conviction hereunder is a
Class 3 felony.
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19 | (4) Any person who knowingly makes a false material | ||||||
20 | statement or
representation in any application, bill, | ||||||
21 | invoice, or other document filed,
maintained, or used for | ||||||
22 | the purpose of receiving money from the Underground
Storage | ||||||
23 | Tank Fund commits a Class 4 felony. A second or any | ||||||
24 | subsequent
offense after conviction hereunder is a Class 3 | ||||||
25 | felony.
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26 | (5) Any person who knowingly destroys, alters, or |
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1 | conceals any record
required to be made or maintained by | ||||||
2 | this Act or required to be made or
maintained by Board or | ||||||
3 | Agency rules for the purpose of receiving money from
the | ||||||
4 | Underground Storage Tank Fund commits a Class 4 felony. A | ||||||
5 | second or any
subsequent offense after a conviction | ||||||
6 | hereunder is a Class 3 felony.
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7 | (6) A person who knowingly and falsely certifies under | ||||||
8 | Section 22.48
that an industrial process waste or pollution | ||||||
9 | control waste is not special
waste commits a Class 4 felony | ||||||
10 | for a first offense and commits a Class 3 felony
for a | ||||||
11 | second or subsequent offense.
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12 | (7) In addition to any other penalties prescribed by | ||||||
13 | law, a person
convicted of violating this subsection (h) is | ||||||
14 | subject to a fine not to
exceed $50,000 for each day of | ||||||
15 | such violation.
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16 | (8) Any person who knowingly makes a false, fictitious, | ||||||
17 | or fraudulent material statement, orally or in writing, to | ||||||
18 | the Agency, or to a unit of local government to which the | ||||||
19 | Agency has delegated authority under subsection (r) of | ||||||
20 | Section 4 of this Act, related to or required by this Act, | ||||||
21 | a regulation adopted under this Act, any federal law or | ||||||
22 | regulation for which the Agency has responsibility, or any | ||||||
23 | permit, term, or condition thereof, commits a Class 4 | ||||||
24 | felony, and each such statement or writing shall be | ||||||
25 | considered a separate Class 4 felony. A person who, after | ||||||
26 | being convicted under this paragraph (8), violates this |
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1 | paragraph (8) a second or subsequent time, commits a Class | ||||||
2 | 3 felony.
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3 | (i) Verification.
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4 | (1) Each application for a permit or license to dispose
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5 | of, transport, treat, store , or generate hazardous waste | ||||||
6 | under this Act
shall contain an affirmation that the facts | ||||||
7 | are true and are made under
penalty of perjury as defined | ||||||
8 | in Section 32-2 of the Criminal Code of 1961.
It is perjury | ||||||
9 | for a person to sign any such application for a permit or
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10 | license which contains a false material statement, which he | ||||||
11 | does not believe
to be true.
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12 | (2) Each request for money from the Underground Storage | ||||||
13 | Tank Fund
shall contain an affirmation that the facts are | ||||||
14 | true and are made under
penalty of perjury as defined in | ||||||
15 | Section 32-2 of the Criminal Code of 1961.
It is perjury | ||||||
16 | for a person to sign any request that contains a false
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17 | material statement that he does not believe to be true.
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18 | (j) Violations of Other Provisions.
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19 | (1) It is unlawful for a person knowingly to violate:
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20 | (A) subsection (f) of Section 12 of this Act;
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21 | (B) subsection (g) of Section 12 of this Act;
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22 | (C) any term or condition of any Underground | ||||||
23 | Injection Control (UIC)
permit;
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24 | (D) any filing requirement, regulation, or order |
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1 | relating to the State
Underground Injection Control | ||||||
2 | (UIC) program;
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3 | (E) any provision of any regulation, standard, or | ||||||
4 | filing requirement
under subsection (b) of Section 13 | ||||||
5 | of this Act;
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6 | (F) any provision of any regulation, standard, or | ||||||
7 | filing requirement
under subsection (b) of Section 39 | ||||||
8 | of this Act;
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9 | (G) any National Pollutant Discharge Elimination | ||||||
10 | System (NPDES) permit
issued under this Act or any term | ||||||
11 | or condition of such permit;
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12 | (H) subsection (h) of Section 12 of this Act;
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13 | (I) subsection 6 of Section 39.5 of this Act;
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14 | (J) any provision of any regulation, standard or | ||||||
15 | filing requirement
under Section 39.5 of this Act;
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16 | (K) a provision of the Procedures for Asbestos | ||||||
17 | Emission Control in
subsection (c) of
Section 61.145 of | ||||||
18 | Title 40 of the Code of Federal Regulations; or | ||||||
19 | (L) the standard for waste disposal for | ||||||
20 | manufacturing, fabricating, demolition, renovation, | ||||||
21 | and spraying operations in Section 61.150 of Title 40 | ||||||
22 | of the Code of Federal Regulations.
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23 | (2) A person convicted of a violation of subdivision | ||||||
24 | (1) of this
subsection commits a Class 4 felony, and in | ||||||
25 | addition to any other penalty
prescribed by law is subject | ||||||
26 | to a fine not to exceed $25,000 for each day
of such |
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1 | violation.
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2 | (3) A person who negligently violates the following | ||||||
3 | shall be subject
to a fine not to exceed $10,000 for each | ||||||
4 | day of such violation:
| ||||||
5 | (A) subsection (f) of Section 12 of this Act;
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6 | (B) subsection (g) of Section 12 of this Act;
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7 | (C) any provision of any regulation, standard, or | ||||||
8 | filing requirement
under subsection (b) of Section 13 | ||||||
9 | of this Act;
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10 | (D) any provision of any regulation, standard, or | ||||||
11 | filing requirement
under subsection (b) of Section 39 | ||||||
12 | of this Act;
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13 | (E) any National Pollutant Discharge Elimination | ||||||
14 | System (NPDES) permit
issued under this Act;
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15 | (F) subsection 6 of Section 39.5 of this Act; or
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16 | (G) any provision of any regulation, standard, or | ||||||
17 | filing requirement
under Section 39.5 of this Act.
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18 | (4) It is unlawful for a person knowingly to:
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19 | (A) make any false statement, representation, or | ||||||
20 | certification
in an application form, or form | ||||||
21 | pertaining to, a National Pollutant Discharge
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22 | Elimination System (NPDES) permit;
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23 | (B) render inaccurate any monitoring device or | ||||||
24 | record required by the
Agency or Board in connection | ||||||
25 | with any such permit or with any discharge
which is | ||||||
26 | subject to the provisions of subsection (f) of Section |
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1 | 12 of this
Act;
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2 | (C) make any false statement, representation, or | ||||||
3 | certification in any
form, notice , or report | ||||||
4 | pertaining to a CAAPP permit under Section 39.5 of this
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5 | Act;
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6 | (D) render inaccurate any monitoring device or | ||||||
7 | record required by
the Agency or Board in connection | ||||||
8 | with any CAAPP permit or with any
emission which is | ||||||
9 | subject to the provisions of Section 39.5 of this Act; | ||||||
10 | or
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11 | (E) violate subsection 6 of Section 39.5 of this | ||||||
12 | Act or any CAAPP
permit, or term or condition thereof, | ||||||
13 | or any fee or filing requirement.
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14 | (5) A person convicted of a violation of paragraph | ||||||
15 | subdivision (4) of this
subsection commits a Class A | ||||||
16 | misdemeanor, and in addition to any other
penalties | ||||||
17 | provided by law is subject to a fine not to exceed $10,000 | ||||||
18 | for
each day of violation.
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19 | (k) Criminal operation of a hazardous waste or PCB | ||||||
20 | incinerator.
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21 | (1) A person commits the offense of criminal operation | ||||||
22 | of a hazardous
waste or PCB incinerator when, in the course | ||||||
23 | of operating a hazardous waste
or PCB incinerator, he | ||||||
24 | knowingly and without justification operates
the | ||||||
25 | incinerator (i) without an Agency permit, or in knowing |
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1 | violation of
the terms of an Agency permit, and (ii) as a | ||||||
2 | result of such violation,
knowingly places any person in | ||||||
3 | danger of great bodily harm or knowingly
creates an | ||||||
4 | immediate or long term material danger to the public health | ||||||
5 | or
the environment.
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6 | (2) Any person who commits the offense of criminal | ||||||
7 | operation of a
hazardous waste or PCB incinerator for the | ||||||
8 | first time commits a Class 4
felony and, in addition to any | ||||||
9 | other penalties prescribed by law, shall be
subject to a | ||||||
10 | fine not to exceed $100,000 for each day of the offense.
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11 | Any person who commits the offense of criminal | ||||||
12 | operation of a hazardous
waste or PCB incinerator for a | ||||||
13 | second or subsequent time commits a Class 3
felony and, in | ||||||
14 | addition to any other penalties prescribed by law, shall be
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15 | subject to a fine not to exceed $250,000 for each day of | ||||||
16 | the offense.
| ||||||
17 | (3) For the purpose of this subsection (k), the term | ||||||
18 | "hazardous waste
or PCB incinerator" means a pollution | ||||||
19 | control facility at which
either hazardous waste or PCBs, | ||||||
20 | or both, are incinerated. "PCBs" means any
substance or | ||||||
21 | mixture of substances that contains one or more
| ||||||
22 | polychlorinated biphenyls in detectable amounts.
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23 | (l) It shall be the duty of all State and local law | ||||||
24 | enforcement officers
to enforce this Act and the regulations | ||||||
25 | adopted hereunder, and all such
officers shall have authority |
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1 | to issue citations for such violations.
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2 | (m) Any action brought under this Section shall be brought | ||||||
3 | by the
State's Attorney of the county in which the violation | ||||||
4 | occurred, or by the
Attorney General, and shall be conducted in | ||||||
5 | accordance with the applicable
provisions of the Code of | ||||||
6 | Criminal Procedure of 1963.
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7 | (n) For an offense described in this Section, the period | ||||||
8 | for
commencing prosecution prescribed by the statute of | ||||||
9 | limitations shall not
begin to run until the offense is | ||||||
10 | discovered by or reported to a State or
local agency having the | ||||||
11 | authority to investigate violations of this Act.
| ||||||
12 | (o) In addition to any other penalties provided under this
| ||||||
13 | Act, if a person is convicted of (or agrees to a settlement in | ||||||
14 | an enforcement
action over) illegal dumping of waste on the | ||||||
15 | person's own property, the
Attorney General, the Agency , or | ||||||
16 | local prosecuting authority shall file notice
of the | ||||||
17 | conviction, finding , or agreement in the office of the Recorder | ||||||
18 | in the
county in which the landowner lives.
| ||||||
19 | (p) Criminal Disposal of Waste.
| ||||||
20 | (1) A person commits the offense of Criminal Disposal | ||||||
21 | of Waste when he or
she:
| ||||||
22 | (A) if required to have a permit under subsection |
| |||||||
| |||||||
1 | (d)
of Section 21 of this Act, knowingly conducts a | ||||||
2 | waste-storage, waste-treatment,
or
waste-disposal | ||||||
3 | operation in a quantity that exceeds 250 cubic feet of | ||||||
4 | waste
without a permit; or
| ||||||
5 | (B) knowingly conducts open dumping of waste in | ||||||
6 | violation of subsection
(a) of
Section 21 of this Act.
| ||||||
7 | (2) (A) A person who is convicted of a violation of | ||||||
8 | subparagraph item (A) of
paragraph subdivision (1) of this | ||||||
9 | subsection is guilty of a Class 4 felony for a first
| ||||||
10 | offense
and, in
addition to any other penalties provided by | ||||||
11 | law, is subject to a fine not to
exceed $25,000 for each | ||||||
12 | day of violation.
A person who is convicted of a violation | ||||||
13 | of subparagraph item (A) of paragraph subdivision (1) of | ||||||
14 | this
subsection is guilty of a Class 3 felony for a second | ||||||
15 | or subsequent offense
and, in addition to any other | ||||||
16 | penalties provided by law, is subject to a fine
not to | ||||||
17 | exceed $50,000 for each day of violation.
| ||||||
18 | (B) A person who is convicted of a
violation of | ||||||
19 | subparagraph item (B) of paragraph subdivision
(1) of | ||||||
20 | this subsection is guilty of a Class A misdemeanor.
| ||||||
21 | However, a person who is convicted of a second or | ||||||
22 | subsequent violation of subparagraph item
(B) of
| ||||||
23 | paragraph subdivision (1) of this
subsection for the | ||||||
24 | open dumping of waste in a quantity that exceeds 250 | ||||||
25 | cubic
feet or that exceeds 50 waste tires is guilty of | ||||||
26 | a Class 4 felony
and, in
addition to any other |
| |||||||
| |||||||
1 | penalties provided by law, is subject to a fine not to
| ||||||
2 | exceed $25,000 $5,000 for each day of violation.
| ||||||
3 | (Source: P.A. 96-603, eff. 8-24-09.)
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|