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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:
| ||||||
4 | (30 ILCS 105/5.250 rep.)
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5 | Section 2. The State Finance Act is amended by repealing | ||||||
6 | Section 5.250. | ||||||
7 | Section 3. The Solid Waste Site Operator Certification Law | ||||||
8 | is amended by changing Section 1011 as follows:
| ||||||
9 | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
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10 | Sec. 1011. Fees.
| ||||||
11 | (a) Fees for the issuance or renewal of a Solid
Waste Site | ||||||
12 | Operator Certificate shall be as follows:
| ||||||
13 | (1)(A) $400 for issuance or renewal for Class A Solid | ||||||
14 | Waste Site
Operators; (B) $200 for issuance or renewal for | ||||||
15 | Class B Solid Waste Site
Operators; and (C) $100 for | ||||||
16 | issuance or renewal for special waste endorsements.
| ||||||
17 | (2) If the fee for renewal is not paid within the grace | ||||||
18 | period the
above fees for renewal shall each be increased | ||||||
19 | by $50.
| ||||||
20 | (b) Before the effective date of this amendatory Act of the | ||||||
21 | 98th General Assembly, all All fees collected by the Agency | ||||||
22 | under this Section shall be
deposited into the Hazardous Waste |
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| |||||||
1 | Occupational Licensing Fund. The Agency
is authorized to use | ||||||
2 | monies in the Hazardous Waste Occupational Licensing Fund to | ||||||
3 | perform its functions, powers,
and duties under this Section.
| ||||||
4 | On and after the effective date of this amendatory Act of | ||||||
5 | the 98th General Assembly, all fees collected by the Agency | ||||||
6 | under this Section shall be deposited into the Environmental | ||||||
7 | Protection Permit and Inspection Fund to be used in accordance | ||||||
8 | with the provisions of subsection (a) of Section 22.8 of the | ||||||
9 | Environmental Protection Act. | ||||||
10 | (Source: P.A. 86-1363.)
| ||||||
11 | Section 5. The Environmental Protection Act is amended by | ||||||
12 | changing Sections 22.8, 37, and 44 as follows:
| ||||||
13 | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| ||||||
14 | Sec. 22.8. Environmental Protection Permit and Inspection | ||||||
15 | Fund.
| ||||||
16 | (a) There is hereby created in the State Treasury a special | ||||||
17 | fund to be known
as the Environmental Protection Permit and | ||||||
18 | Inspection Fund. All fees collected
by the Agency pursuant to | ||||||
19 | this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), | ||||||
20 | 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act | ||||||
21 | or pursuant to Section 22 of the Public Water Supply Operations | ||||||
22 | Act or Section 1011 of the Solid Waste Site Operator | ||||||
23 | Certification Law, as well as
and funds collected under | ||||||
24 | subsection (b.5) of Section 42 of this Act
shall be deposited |
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| |||||||
1 | into the Fund. In addition to any monies appropriated
from the | ||||||
2 | General Revenue Fund, monies in the Fund shall be appropriated
| ||||||
3 | by the General Assembly to the Agency in amounts deemed | ||||||
4 | necessary for
manifest, permit, and inspection activities and | ||||||
5 | for performing its functions, powers, and duties under the | ||||||
6 | Solid Waste Site Operator Certification Law processing | ||||||
7 | requests
under Section 22.2 (j)(6)(E)(v)(IV) .
| ||||||
8 | The General Assembly may appropriate monies in the Fund | ||||||
9 | deemed necessary
for Board regulatory and adjudicatory | ||||||
10 | proceedings.
| ||||||
11 | (a-5) As soon as practicable after the effective date of | ||||||
12 | this amendatory Act of the 98th General Assembly, but no later | ||||||
13 | than January 1, 2014, the State Comptroller shall direct and | ||||||
14 | the State Treasurer shall transfer all monies in the Industrial | ||||||
15 | Hygiene Regulatory and Enforcement Fund to the Environmental | ||||||
16 | Protection Permit and Inspection Fund to be used in accordance | ||||||
17 | with the terms of the Environmental Protection Permit and | ||||||
18 | Inspection Fund. | ||||||
19 | (a-6) As soon as practicable after the effective date of | ||||||
20 | this amendatory Act of the 98th General Assembly, but no later | ||||||
21 | than December 31, 2014, the State Comptroller shall order the | ||||||
22 | transfer of, and the State Treasurer shall transfer, all moneys | ||||||
23 | in the Hazardous Waste Occupational Licensing Fund into the | ||||||
24 | Environmental Protection Permit and Inspection Fund to be used | ||||||
25 | in accordance with the terms of the Environmental Protection | ||||||
26 | Permit and Inspection Fund. |
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1 | (b) The Agency shall collect from the
owner or operator of | ||||||
2 | any of the following types of hazardous waste disposal
sites or | ||||||
3 | management facilities which require a RCRA permit under | ||||||
4 | subsection
(f) of Section 21 of this Act, or a UIC permit under | ||||||
5 | subsection (g) of Section
12 of this Act, an annual fee in the | ||||||
6 | amount of:
| ||||||
7 | (1) $35,000 ($70,000 beginning in 2004)
for a hazardous | ||||||
8 | waste disposal site receiving hazardous
waste if the | ||||||
9 | hazardous waste disposal site is located off the site where
| ||||||
10 | such waste was produced;
| ||||||
11 | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | ||||||
12 | waste disposal site receiving hazardous waste
if the | ||||||
13 | hazardous waste disposal site is located on the site where | ||||||
14 | such
waste was produced;
| ||||||
15 | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | ||||||
16 | waste disposal site receiving hazardous waste
if the | ||||||
17 | hazardous waste disposal site is an underground injection | ||||||
18 | well;
| ||||||
19 | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous | ||||||
20 | waste management facility treating
hazardous waste by | ||||||
21 | incineration;
| ||||||
22 | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||||||
23 | waste management facility treating hazardous
waste by a | ||||||
24 | method, technique or process other than incineration;
| ||||||
25 | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | ||||||
26 | waste management facility storing hazardous
waste in a |
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| |||||||
1 | surface impoundment or pile;
| ||||||
2 | (7) $250 ($500 beginning in 2004)
for a hazardous waste | ||||||
3 | management facility storing hazardous
waste other than in a | ||||||
4 | surface impoundment or pile; and
| ||||||
5 | (8) Beginning in 2004, $500 for a large quantity | ||||||
6 | hazardous waste
generator required to submit an annual or | ||||||
7 | biennial report for hazardous waste
generation.
| ||||||
8 | (c) Where two or more operational units are located within | ||||||
9 | a single
hazardous waste disposal site, the Agency shall | ||||||
10 | collect from the owner or
operator of such site an annual fee | ||||||
11 | equal to the highest fee imposed by
subsection (b) of this | ||||||
12 | Section upon any single operational unit within the
site.
| ||||||
13 | (d) The fee imposed upon a hazardous waste disposal site | ||||||
14 | under this
Section shall be the exclusive permit and inspection | ||||||
15 | fee applicable to
hazardous waste disposal at such site, | ||||||
16 | provided that nothing in this
Section shall be construed to | ||||||
17 | diminish or otherwise affect any fee imposed
upon the owner or | ||||||
18 | operator of a hazardous waste disposal site by Section 22.2.
| ||||||
19 | (e) The Agency shall establish procedures, no later than | ||||||
20 | December 1,
1984, relating to the collection of the hazardous | ||||||
21 | waste disposal site
fees authorized by this Section. Such | ||||||
22 | procedures shall include, but not be
limited to the time and | ||||||
23 | manner of payment of fees to the Agency, which
shall be | ||||||
24 | quarterly, payable at the beginning of each quarter for | ||||||
25 | hazardous
waste disposal site fees. Annual fees required under | ||||||
26 | paragraph (7) of
subsection (b) of this Section shall accompany |
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| |||||||
1 | the annual report required
by Board regulations for the | ||||||
2 | calendar year for which the report applies.
| ||||||
3 | (f) For purposes of this Section, a hazardous waste | ||||||
4 | disposal site
consists of one or more of the following | ||||||
5 | operational units:
| ||||||
6 | (1) a landfill receiving hazardous waste for disposal;
| ||||||
7 | (2) a waste pile or surface impoundment, receiving | ||||||
8 | hazardous waste, in
which residues which exhibit any of the | ||||||
9 | characteristics of hazardous waste
pursuant to Board | ||||||
10 | regulations are reasonably expected to remain after | ||||||
11 | closure;
| ||||||
12 | (3) a land treatment facility receiving hazardous | ||||||
13 | waste; or
| ||||||
14 | (4) a well injecting hazardous waste.
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15 | (g) The Agency shall assess a fee for each manifest | ||||||
16 | provided by the
Agency. For manifests provided on or after | ||||||
17 | January 1, 1989 but before July 1,
2003, the fee shall be $1 | ||||||
18 | per manifest. For manifests provided on or after
July 1, 2003, | ||||||
19 | the fee shall be $3 per manifest.
| ||||||
20 | (Source: P.A. 98-78, eff. 7-15-13.)
| ||||||
21 | (415 ILCS 5/37) (from Ch. 111 1/2, par. 1037)
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22 | Sec. 37. Variances; procedures.
| ||||||
23 | (a) Any person seeking a variance pursuant to subsection
| ||||||
24 | (a) of Section 35 shall do so by filing a petition for variance | ||||||
25 | with the
Board and providing a copy of the petition to the |
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| |||||||
1 | Agency. Any person filing such a petition shall (i) pay a
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2 | filing fee , (ii) . The Agency shall promptly give written notice | ||||||
3 | of such
petition to any person in the county in which the | ||||||
4 | installation or property
for which variance is sought is | ||||||
5 | located who has filed with the Board a written request for in | ||||||
6 | writing requested notice
of variance petitions, the State's | ||||||
7 | attorney of such county, the Chairman of
the County Board of | ||||||
8 | such county, and to each member of the General Assembly
from | ||||||
9 | the legislative district in which that installation or property | ||||||
10 | is
located, and (iii) shall publish a single notice of such | ||||||
11 | petition in a newspaper
of general circulation in such county. | ||||||
12 | The notices required by this Section
shall be in a format | ||||||
13 | prescribed by the Board and shall include the street address, | ||||||
14 | and if there is no street address then
the legal description or | ||||||
15 | the location with reference to any well known
landmark, | ||||||
16 | highway, road, thoroughfare or intersection.
| ||||||
17 | The Agency shall promptly investigate such petition and | ||||||
18 | consider the views
of persons who might be adversely affected | ||||||
19 | by the grant of a variance.
The Agency shall make a | ||||||
20 | recommendation to the Board as to the
disposition of the | ||||||
21 | petition. If the Board, in its discretion, concludes
that a | ||||||
22 | hearing would be advisable, or if the Agency or any other | ||||||
23 | person
files a written objection to the grant of such variance | ||||||
24 | within 21 days,
together with a written request for hearing, | ||||||
25 | then a hearing shall be
held, under the rules prescribed in | ||||||
26 | Sections 32 and 33 (a) of this Act,
and the burden of proof |
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| |||||||
1 | shall be on the petitioner.
| ||||||
2 | (b) Any person seeking a provisional variance pursuant to | ||||||
3 | subsection
(b) of Section 35 shall make a request to the | ||||||
4 | Agency. The Agency shall
promptly investigate and consider the | ||||||
5 | merits of the request.
If the Agency fails to take final action | ||||||
6 | within 30 days after receipt of
the request for a provisional | ||||||
7 | variance, or if the Agency denies the
request, the person may | ||||||
8 | initiate a proceeding with the Board under
subsection (a) of | ||||||
9 | Section 35.
| ||||||
10 | If the Agency grants a provisional variance, the Agency | ||||||
11 | must promptly
file a copy of its written decision with the | ||||||
12 | Board, and shall
give prompt notice of its action to the public | ||||||
13 | by issuing a press release for
distribution to newspapers of | ||||||
14 | general circulation in the county. The Board
must maintain for | ||||||
15 | public inspection copies of all provisional variances filed
| ||||||
16 | with it by the Agency.
| ||||||
17 | (Source: P.A. 93-152, eff. 7-10-03.)
| ||||||
18 | (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
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19 | Sec. 44. Criminal acts; penalties.
| ||||||
20 | (a) Except as otherwise provided in this Section, it shall | ||||||
21 | be
a Class A misdemeanor to violate this Act or
regulations | ||||||
22 | thereunder, or any permit or term or condition thereof, or
| ||||||
23 | knowingly to submit any false information under this Act or | ||||||
24 | regulations
adopted thereunder, or under any permit or term or | ||||||
25 | condition thereof.
A court may, in addition to any other |
| |||||||
| |||||||
1 | penalty herein imposed, order a person
convicted of any | ||||||
2 | violation of this Act to perform
community service for not less | ||||||
3 | than 100 hours and not more than 300 hours if
community service | ||||||
4 | is available in the jurisdiction.
It shall be the duty of all | ||||||
5 | State and local law-enforcement officers to
enforce such Act | ||||||
6 | and regulations, and all such officers shall have
authority to | ||||||
7 | issue citations for such violations.
| ||||||
8 | (b) Calculated Criminal Disposal of Hazardous Waste.
| ||||||
9 | (1) A person commits the offense of Calculated Criminal | ||||||
10 | Disposal of
Hazardous Waste when, without lawful | ||||||
11 | justification, he knowingly disposes
of hazardous waste | ||||||
12 | while knowing that he thereby places another
person in | ||||||
13 | danger of great bodily harm or creates an immediate or | ||||||
14 | long-term
danger to the public health or the environment.
| ||||||
15 | (2) Calculated Criminal Disposal of Hazardous Waste is | ||||||
16 | a Class 2 felony.
In addition to any other penalties | ||||||
17 | prescribed by law, a person convicted
of the offense of | ||||||
18 | Calculated Criminal Disposal of Hazardous Waste is subject
| ||||||
19 | to a fine not to exceed $500,000 for each day of such | ||||||
20 | offense.
| ||||||
21 | (c) Criminal Disposal of Hazardous Waste.
| ||||||
22 | (1) A person commits the offense of Criminal Disposal | ||||||
23 | of Hazardous Waste
when, without lawful justification, he | ||||||
24 | knowingly disposes of hazardous waste.
|
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| |||||||
1 | (2) Criminal Disposal 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 Criminal Disposal | ||||||
4 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
5 | $250,000 for each day of such offense.
| ||||||
6 | (d) Unauthorized Use of Hazardous Waste.
| ||||||
7 | (1) A person commits the offense of Unauthorized Use of | ||||||
8 | Hazardous Waste
when he, being required to have a permit, | ||||||
9 | registration, or license under
this Act or any
other law | ||||||
10 | regulating the treatment, transportation, or storage of | ||||||
11 | hazardous
waste, knowingly:
| ||||||
12 | (A) treats, transports, or stores any hazardous | ||||||
13 | waste without such
permit, registration, or license;
| ||||||
14 | (B) treats, transports, or stores any hazardous | ||||||
15 | waste in violation of
the terms and conditions of such | ||||||
16 | permit or license;
| ||||||
17 | (C) transports any hazardous waste to a facility | ||||||
18 | which does not have a
permit or license required under | ||||||
19 | this Act; or
| ||||||
20 | (D) transports by vehicle any hazardous waste | ||||||
21 | without having in
each vehicle credentials issued to | ||||||
22 | the transporter by the transporter's base
state | ||||||
23 | pursuant to procedures established under the Uniform | ||||||
24 | Program.
| ||||||
25 | (2) A person who is convicted of a violation of |
| |||||||
| |||||||
1 | subparagraph (A), (B), or (C) of paragraph (1) of this | ||||||
2 | subsection is guilty of a Class 4 felony. A person who
is | ||||||
3 | convicted of a violation of subparagraph (D) of paragraph | ||||||
4 | (1) of this subsection is guilty of a Class A
misdemeanor. | ||||||
5 | In addition to any other penalties prescribed by law, a | ||||||
6 | person
convicted of violating subparagraph (A), (B), or (C) | ||||||
7 | of paragraph (1) of this subsection is subject to
a fine | ||||||
8 | not to exceed $100,000 for each day of such violation, and | ||||||
9 | a
person who is convicted of violating subparagraph (D) of | ||||||
10 | paragraph (1) of this subsection is subject to a
fine not | ||||||
11 | to exceed $1,000.
| ||||||
12 | (e) Unlawful Delivery of Hazardous Waste.
| ||||||
13 | (1) Except as authorized by this Act or the federal | ||||||
14 | Resource
Conservation and Recovery Act, and the | ||||||
15 | regulations promulgated thereunder,
it is unlawful for any | ||||||
16 | person to knowingly deliver hazardous waste.
| ||||||
17 | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | ||||||
18 | felony. In
addition to any other penalties prescribed by | ||||||
19 | law, a person convicted of
the offense of Unlawful Delivery | ||||||
20 | of Hazardous Waste is subject to a fine
not to exceed | ||||||
21 | $250,000 for each such violation.
| ||||||
22 | (3) For purposes of this Section, "deliver" or | ||||||
23 | "delivery" means the
actual, constructive, or attempted | ||||||
24 | transfer of possession of hazardous
waste, with or without | ||||||
25 | consideration, whether or not there is an agency
|
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| |||||||
1 | relationship.
| ||||||
2 | (f) Reckless Disposal of Hazardous Waste.
| ||||||
3 | (1) A person commits Reckless Disposal of Hazardous | ||||||
4 | Waste if he disposes
of hazardous waste, and his acts which | ||||||
5 | cause the hazardous waste to be disposed
of, whether or not | ||||||
6 | those acts are undertaken pursuant to or under color
of any | ||||||
7 | permit or license, are performed with a conscious disregard | ||||||
8 | of a
substantial and unjustifiable risk that such disposing | ||||||
9 | of
hazardous waste is a gross deviation from the standard | ||||||
10 | of care which a
reasonable person would exercise in the | ||||||
11 | situation.
| ||||||
12 | (2) Reckless Disposal of Hazardous Waste is a Class 4 | ||||||
13 | felony. In addition
to any other penalties prescribed by | ||||||
14 | law, a person convicted of the offense
of Reckless Disposal | ||||||
15 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
16 | $50,000 for each day of such offense.
| ||||||
17 | (g) Concealment of Criminal Disposal of Hazardous Waste.
| ||||||
18 | (1) A person commits the offense of Concealment of | ||||||
19 | Criminal Disposal
of Hazardous Waste when he conceals, | ||||||
20 | without lawful justification, the disposal
of hazardous | ||||||
21 | waste with the knowledge that such hazardous waste has been
| ||||||
22 | disposed of in violation of this Act.
| ||||||
23 | (2) Concealment of Criminal Disposal of a Hazardous | ||||||
24 | Waste is a Class
4 felony. In addition to any other |
| |||||||
| |||||||
1 | penalties prescribed by law, a person
convicted of the | ||||||
2 | offense of Concealment of Criminal Disposal of Hazardous
| ||||||
3 | Waste is subject to a fine not to exceed $50,000 for each | ||||||
4 | day of such offense.
| ||||||
5 | (h) Violations; False Statements.
| ||||||
6 | (1) Any person who knowingly makes a false material | ||||||
7 | statement in an
application for a permit or license | ||||||
8 | required by this Act to treat, transport,
store, or dispose | ||||||
9 | of hazardous waste commits the offense of perjury and
shall | ||||||
10 | be subject to the penalties set forth in Section 32-2 of | ||||||
11 | the Criminal
Code of 2012.
| ||||||
12 | (2) Any person who knowingly makes a false material | ||||||
13 | statement or
representation in any label, manifest, | ||||||
14 | record, report, permit or license,
or other document filed, | ||||||
15 | maintained, or used for the purpose of compliance
with this | ||||||
16 | Act in connection with the generation, disposal, | ||||||
17 | treatment,
storage, or transportation of hazardous waste | ||||||
18 | commits a Class 4 felony. A
second or any subsequent | ||||||
19 | offense after conviction hereunder is a Class 3
felony.
| ||||||
20 | (3) Any person who knowingly destroys, alters, or | ||||||
21 | conceals any record
required to be made by this Act in | ||||||
22 | connection with the disposal, treatment,
storage, or | ||||||
23 | transportation of hazardous waste commits a Class 4 felony.
| ||||||
24 | A second or any subsequent offense after a conviction | ||||||
25 | hereunder is a
Class 3 felony.
|
| |||||||
| |||||||
1 | (4) Any person who knowingly makes a false material | ||||||
2 | statement or
representation in any application, bill, | ||||||
3 | invoice, or other document filed,
maintained, or used for | ||||||
4 | the purpose of receiving money from the Underground
Storage | ||||||
5 | Tank Fund commits a Class 4 felony. A second or any | ||||||
6 | subsequent
offense after conviction hereunder is a Class 3 | ||||||
7 | felony.
| ||||||
8 | (4.5) Any person who knowingly makes a false material | ||||||
9 | statement or representation in any label, manifest, | ||||||
10 | record, report, permit or license, or other document filed, | ||||||
11 | maintained, or used for the purpose of compliance with | ||||||
12 | Title XVI of this Act commits a Class 4 felony. Any second | ||||||
13 | or subsequent offense after conviction hereunder is a Class | ||||||
14 | 3 felony.
| ||||||
15 | (5) Any person who knowingly destroys, alters, or | ||||||
16 | conceals any record
required to be made or maintained by | ||||||
17 | this Act or required to be made or
maintained by Board or | ||||||
18 | Agency rules for the purpose of receiving money from
the | ||||||
19 | Underground Storage Tank Fund commits a Class 4 felony. A | ||||||
20 | second or any
subsequent offense after a conviction | ||||||
21 | hereunder is a Class 3 felony.
| ||||||
22 | (6) A person who knowingly and falsely certifies under | ||||||
23 | Section 22.48
that an industrial process waste or pollution | ||||||
24 | control waste is not special
waste commits a Class 4 felony | ||||||
25 | for a first offense and commits a Class 3 felony
for a | ||||||
26 | second or subsequent offense.
|
| |||||||
| |||||||
1 | (7) In addition to any other penalties prescribed by | ||||||
2 | law, a person
convicted of violating this subsection (h) is | ||||||
3 | subject to a fine not to
exceed $50,000 for each day of | ||||||
4 | such violation.
| ||||||
5 | (8) Any person who knowingly makes a false, fictitious, | ||||||
6 | or fraudulent material statement, orally or in writing, to | ||||||
7 | the Agency, or to a unit of local government to which the | ||||||
8 | Agency has delegated authority under subsection (r) of | ||||||
9 | Section 4 of this Act, related to or required by this Act, | ||||||
10 | a regulation adopted under this Act, any federal law or | ||||||
11 | regulation for which the Agency has responsibility, or any | ||||||
12 | permit, term, or condition thereof, commits a Class 4 | ||||||
13 | felony, and each such statement or writing shall be | ||||||
14 | considered a separate Class 4 felony. A person who, after | ||||||
15 | being convicted under this paragraph (8), violates this | ||||||
16 | paragraph (8) a second or subsequent time, commits a Class | ||||||
17 | 3 felony.
| ||||||
18 | (i) Verification.
| ||||||
19 | (1) Each application for a permit or license to dispose
| ||||||
20 | of, transport, treat, store, or generate hazardous waste | ||||||
21 | under this Act
shall contain an affirmation that the facts | ||||||
22 | are true and are made under
penalty of perjury as defined | ||||||
23 | in Section 32-2 of the Criminal Code of 2012.
It is perjury | ||||||
24 | for a person to sign any such application for a permit or
| ||||||
25 | license which contains a false material statement, which he |
| |||||||
| |||||||
1 | does not believe
to be true.
| ||||||
2 | (2) Each request for money from the Underground Storage | ||||||
3 | Tank Fund
shall contain an affirmation that the facts are | ||||||
4 | true and are made under
penalty of perjury as defined in | ||||||
5 | Section 32-2 of the Criminal Code of 2012.
It is perjury | ||||||
6 | for a person to sign any request that contains a false
| ||||||
7 | material statement that he does not believe to be true.
| ||||||
8 | (j) Violations of Other Provisions.
| ||||||
9 | (1) It is unlawful for a person knowingly to violate:
| ||||||
10 | (A) subsection (f) of Section 12 of this Act;
| ||||||
11 | (B) subsection (g) of Section 12 of this Act;
| ||||||
12 | (C) any term or condition of any Underground | ||||||
13 | Injection Control (UIC)
permit;
| ||||||
14 | (D) any filing requirement, regulation, or order | ||||||
15 | relating to the State
Underground Injection Control | ||||||
16 | (UIC) program;
| ||||||
17 | (E) any provision of any regulation, standard, or | ||||||
18 | filing requirement
under subsection (b) of Section 13 | ||||||
19 | of this Act;
| ||||||
20 | (F) any provision of any regulation, standard, or | ||||||
21 | filing requirement
under subsection (b) of Section 39 | ||||||
22 | of this Act;
| ||||||
23 | (G) any National Pollutant Discharge Elimination | ||||||
24 | System (NPDES) permit
issued under this Act or any term | ||||||
25 | or condition of such permit;
|
| |||||||
| |||||||
1 | (H) subsection (h) of Section 12 of this Act;
| ||||||
2 | (I) subsection 6 of Section 39.5 of this Act;
| ||||||
3 | (J) any provision of any regulation, standard or | ||||||
4 | filing requirement
under Section 39.5 of this Act;
| ||||||
5 | (K) a provision of the Procedures for Asbestos | ||||||
6 | Emission Control in
subsection (c) of
Section 61.145 of | ||||||
7 | Title 40 of the Code of Federal Regulations; or | ||||||
8 | (L) the standard for waste disposal for | ||||||
9 | manufacturing, fabricating, demolition, renovation, | ||||||
10 | and spraying operations in Section 61.150 of Title 40 | ||||||
11 | of the Code of Federal Regulations.
| ||||||
12 | (2) A person convicted of a violation of subdivision | ||||||
13 | (1) of this
subsection commits a Class 4 felony, and in | ||||||
14 | addition to any other penalty
prescribed by law is subject | ||||||
15 | to a fine not to exceed $25,000 for each day
of such | ||||||
16 | violation.
| ||||||
17 | (3) A person who negligently violates the following | ||||||
18 | shall be subject
to a fine not to exceed $10,000 for each | ||||||
19 | day of such violation:
| ||||||
20 | (A) subsection (f) of Section 12 of this Act;
| ||||||
21 | (B) subsection (g) of Section 12 of this Act;
| ||||||
22 | (C) any provision of any regulation, standard, or | ||||||
23 | filing requirement
under subsection (b) of Section 13 | ||||||
24 | of this Act;
| ||||||
25 | (D) any provision of any regulation, standard, or | ||||||
26 | filing requirement
under subsection (b) of Section 39 |
| |||||||
| |||||||
1 | of this Act;
| ||||||
2 | (E) any National Pollutant Discharge Elimination | ||||||
3 | System (NPDES) permit
issued under this Act;
| ||||||
4 | (F) subsection 6 of Section 39.5 of this Act; or
| ||||||
5 | (G) any provision of any regulation, standard, or | ||||||
6 | filing requirement
under Section 39.5 of this Act.
| ||||||
7 | (4) It is unlawful for a person knowingly to:
| ||||||
8 | (A) make any false statement, representation, or | ||||||
9 | certification
in an application form, or form | ||||||
10 | pertaining to, a National Pollutant Discharge
| ||||||
11 | Elimination System (NPDES) permit;
| ||||||
12 | (B) render inaccurate any monitoring device or | ||||||
13 | record required by the
Agency or Board in connection | ||||||
14 | with any such permit or with any discharge
which is | ||||||
15 | subject to the provisions of subsection (f) of Section | ||||||
16 | 12 of this
Act;
| ||||||
17 | (C) make any false statement, representation, or | ||||||
18 | certification in any
form, notice, or report | ||||||
19 | pertaining to a CAAPP permit under Section 39.5 of this
| ||||||
20 | Act;
| ||||||
21 | (D) render inaccurate any monitoring device or | ||||||
22 | record required by
the Agency or Board in connection | ||||||
23 | with any CAAPP permit or with any
emission which is | ||||||
24 | subject to the provisions of Section 39.5 of this Act; | ||||||
25 | or
| ||||||
26 | (E) violate subsection 6 of Section 39.5 of this |
| |||||||
| |||||||
1 | Act or any CAAPP
permit, or term or condition thereof, | ||||||
2 | or any fee or filing requirement.
| ||||||
3 | (5) A person convicted of a violation of paragraph (4) | ||||||
4 | of this
subsection commits a Class A misdemeanor, and in | ||||||
5 | addition to any other
penalties provided by law is subject | ||||||
6 | to a fine not to exceed $10,000 for
each day of violation.
| ||||||
7 | (k) Criminal operation of a hazardous waste or PCB | ||||||
8 | incinerator.
| ||||||
9 | (1) A person commits the offense of criminal operation | ||||||
10 | of a hazardous
waste or PCB incinerator when, in the course | ||||||
11 | of operating a hazardous waste
or PCB incinerator, he | ||||||
12 | knowingly and without justification operates
the | ||||||
13 | incinerator (i) without an Agency permit, or in knowing | ||||||
14 | violation of
the terms of an Agency permit, and (ii) as a | ||||||
15 | result of such violation,
knowingly places any person in | ||||||
16 | danger of great bodily harm or knowingly
creates an | ||||||
17 | immediate or long term material danger to the public health | ||||||
18 | or
the environment.
| ||||||
19 | (2) Any person who commits the offense of criminal | ||||||
20 | operation of a
hazardous waste or PCB incinerator for the | ||||||
21 | first time commits a Class 4
felony and, in addition to any | ||||||
22 | other penalties prescribed by law, shall be
subject to a | ||||||
23 | fine not to exceed $100,000 for each day of the offense.
| ||||||
24 | Any person who commits the offense of criminal | ||||||
25 | operation of a hazardous
waste or PCB incinerator for a |
| |||||||
| |||||||
1 | second or subsequent time commits a Class 3
felony and, in | ||||||
2 | addition to any other penalties prescribed by law, shall be
| ||||||
3 | subject to a fine not to exceed $250,000 for each day of | ||||||
4 | the offense.
| ||||||
5 | (3) For the purpose of this subsection (k), the term | ||||||
6 | "hazardous waste
or PCB incinerator" means a pollution | ||||||
7 | control facility at which
either hazardous waste or PCBs, | ||||||
8 | or both, are incinerated. "PCBs" means any
substance or | ||||||
9 | mixture of substances that contains one or more
| ||||||
10 | polychlorinated biphenyls in detectable amounts.
| ||||||
11 | (l) It shall be the duty of all State and local law | ||||||
12 | enforcement officers
to enforce this Act and the regulations | ||||||
13 | adopted hereunder, and all such
officers shall have authority | ||||||
14 | to issue citations for such violations.
| ||||||
15 | (m) Any action brought under this Section shall be brought | ||||||
16 | by the
State's Attorney of the county in which the violation | ||||||
17 | occurred, or by the
Attorney General, and shall be conducted in | ||||||
18 | accordance with the applicable
provisions of the Code of | ||||||
19 | Criminal Procedure of 1963.
| ||||||
20 | (n) For an offense described in this Section, the period | ||||||
21 | for
commencing prosecution prescribed by the statute of | ||||||
22 | limitations shall not
begin to run until the offense is | ||||||
23 | discovered by or reported to a State or
local agency having the |
| |||||||
| |||||||
1 | authority to investigate violations of this Act.
| ||||||
2 | (o) In addition to any other penalties provided under this
| ||||||
3 | Act, if a person is convicted of (or agrees to a settlement in | ||||||
4 | an enforcement
action over) illegal dumping of waste on the | ||||||
5 | person's own property, the
Attorney General, the Agency, or | ||||||
6 | local prosecuting authority shall file notice
of the | ||||||
7 | conviction, finding, or agreement in the office of the Recorder | ||||||
8 | in the
county in which the landowner lives.
| ||||||
9 | (p) Criminal Disposal of Waste.
| ||||||
10 | (1) A person commits the offense of Criminal Disposal | ||||||
11 | of Waste when he or
she:
| ||||||
12 | (A) if required to have a permit under subsection | ||||||
13 | (d)
of Section 21 of this Act, knowingly conducts a | ||||||
14 | waste-storage, waste-treatment,
or
waste-disposal | ||||||
15 | operation in a quantity that exceeds 250 cubic feet of | ||||||
16 | waste
without a permit; or
| ||||||
17 | (B) knowingly conducts open dumping of waste in | ||||||
18 | violation of subsection
(a) of
Section 21 of this Act.
| ||||||
19 | (2) (A) A person who is convicted of a violation of | ||||||
20 | subparagraph (A) of
paragraph (1) of this subsection is | ||||||
21 | guilty of a Class 4 felony for a first
offense
and, in
| ||||||
22 | addition to any other penalties provided by law, is subject | ||||||
23 | to a fine not to
exceed $25,000 for each day of violation.
| ||||||
24 | A person who is convicted of a violation of subparagraph |
| |||||||
| |||||||
1 | (A) of paragraph (1) of this
subsection is guilty of a | ||||||
2 | Class 3 felony for a second or subsequent offense
and, in | ||||||
3 | addition to any other penalties provided by law, is subject | ||||||
4 | to a fine
not to exceed $50,000 for each day of violation.
| ||||||
5 | (B) A person who is convicted of a
violation of | ||||||
6 | subparagraph (B) of paragraph
(1) of this subsection is | ||||||
7 | guilty of a Class A misdemeanor.
However, a person who | ||||||
8 | is convicted of a violation of subparagraph
(B) of
| ||||||
9 | paragraph (1) of this
subsection for the open dumping | ||||||
10 | of waste in a quantity that exceeds 250 cubic
feet or | ||||||
11 | that exceeds 50 waste tires is guilty of a Class 4 | ||||||
12 | felony
and, in
addition to any other penalties provided | ||||||
13 | by law, is subject to a fine not to
exceed $25,000 for | ||||||
14 | each day of violation.
| ||||||
15 | (q) Criminal Damage to a Public Water Supply. | ||||||
16 | (1) A person commits the offense of Criminal Damage to | ||||||
17 | a Public Water Supply when, without lawful justification, | ||||||
18 | he knowingly alters, damages, or otherwise tampers with the | ||||||
19 | equipment or property of a public water supply, or | ||||||
20 | knowingly introduces a contaminant into the distribution | ||||||
21 | system of a public water supply so as to cause, threaten, | ||||||
22 | or allow the distribution of water from any public water | ||||||
23 | supply of such quality or quantity as to be injurious to | ||||||
24 | human health or the environment. | ||||||
25 | (2) Criminal Damage to a Public Water Supply is a Class |
| |||||||
| |||||||
1 | 4 felony. In addition to any other penalties prescribed by | ||||||
2 | law, a person convicted of the offense of Criminal Damage | ||||||
3 | to a Public Water Supply is subject to a fine not to exceed | ||||||
4 | $250,000 for each day of such offense. | ||||||
5 | (r) Aggravated Criminal Damage to a Public Water Supply. | ||||||
6 | (1) A person commits the offense of Aggravated Criminal | ||||||
7 | Damage to a Public Water Supply when, without lawful | ||||||
8 | justification, he commits Criminal Damage to a Public Water | ||||||
9 | Supply while knowing that he thereby places another person | ||||||
10 | in danger of serious illness or great bodily harm, or | ||||||
11 | creates an immediate or long-term danger to public health | ||||||
12 | or the environment. | ||||||
13 | (2) Aggravated Criminal Damage to a Public Water Supply | ||||||
14 | is a Class 2 felony. In addition to any other penalties | ||||||
15 | prescribed by law, a person convicted of the offense of | ||||||
16 | Aggravated Criminal Damage to a Public Water Supply is | ||||||
17 | subject to a fine not to exceed $500,000 for each day of | ||||||
18 | such offense. | ||||||
19 | (Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; | ||||||
20 | 97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. | ||||||
21 | 1-25-13.)
| ||||||
22 | (415 ILCS 5/57.17 rep.)
| ||||||
23 | Section 8. The Environmental Protection Act is amended by | ||||||
24 | repealing Section 57.17. |
| |||||||
| |||||||
1 | Section 10. The Public Water Supply Operations Act is | ||||||
2 | amended by changing Sections 1 and 13 and by adding Section 5.1 | ||||||
3 | as follows:
| ||||||
4 | (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
| ||||||
5 | Sec. 1.
(1) In order to safeguard the health and well-being | ||||||
6 | well being of the
populace, every community water supply in | ||||||
7 | Illinois shall have on its
operational staff at least one | ||||||
8 | natural person certified as competent as
a water supply | ||||||
9 | operator under the provisions of this Act.
| ||||||
10 | Except for exempt community water supplies as specified in | ||||||
11 | Section 9.1 of
this Act, all portions of a community water | ||||||
12 | supply system shall be under the
direct supervision of a | ||||||
13 | properly certified community water supply operator.
| ||||||
14 | (2) The following class requirements apply:
| ||||||
15 | (a) Each Class A community water supply which includes | ||||||
16 | coagulation, lime
softening, or sedimentation as a part of | ||||||
17 | its primary treatment shall have in
its employ at least one | ||||||
18 | natural person certified as competent as a Class A
| ||||||
19 | community water supply operator. This includes all surface | ||||||
20 | water community
water supplies.
| ||||||
21 | (b) Each Class B community water supply which includes | ||||||
22 | filtration, aeration and
filtration, or ion exchange | ||||||
23 | equipment as a part of its primary treatment
shall have in | ||||||
24 | its employ at least one natural person certified as |
| |||||||
| |||||||
1 | competent
as a Class B or Class A community water supply | ||||||
2 | operator.
| ||||||
3 | (c) Each Class C community water supply which utilizes | ||||||
4 | chemical feeding only
shall have in its employ at least one | ||||||
5 | natural person certified as competent
as a Class C, Class | ||||||
6 | B, or Class A community water supply operator.
| ||||||
7 | (d) Each Class D community water supply in which the | ||||||
8 | facilities are limited to
pumpage, storage, or | ||||||
9 | distribution shall have in its employ at least one
natural | ||||||
10 | person certified as competent as a Class D, Class C, Class | ||||||
11 | B, or
Class A community water supply operator.
| ||||||
12 | (2.5) The Agency may adopt rules that classify or | ||||||
13 | reclassify community water supplies as Class A, Class B, Class | ||||||
14 | C, or Class D community water supplies. A community water | ||||||
15 | supply that cannot be clearly classified under Section 5.1 or | ||||||
16 | Agency rules shall grouped
according to this Section will be | ||||||
17 | considered individually and
designated , in writing, by the | ||||||
18 | Agency, as a Class A, Class B, Class C, or Class D community | ||||||
19 | water supply within one of the above groups by the Agency . | ||||||
20 | Classifications made under this subsection (2.5) shall This
| ||||||
21 | determination will be based on the nature of the community | ||||||
22 | water
supply and on the education and experience necessary to | ||||||
23 | operate it.
| ||||||
24 | (3) A community water supply may satisfy the requirements | ||||||
25 | of this
Section by contracting the services of a properly | ||||||
26 | qualified certified operator
of the required class or higher , |
| |||||||
| |||||||
1 | as specified in subsection (2) . A
written agreement to this | ||||||
2 | effect must be on file with the Agency certifying
that such an | ||||||
3 | agreement exists, and delegating responsibility and authority
| ||||||
4 | to the contracted party. This written agreement shall be signed | ||||||
5 | by both the
certified operator to be contracted and the | ||||||
6 | responsible community water
supply owner or official custodian | ||||||
7 | and must be approved in writing by the
Agency.
| ||||||
8 | (Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16, | ||||||
9 | eff.
6-28-01.)
| ||||||
10 | (415 ILCS 45/5.1 new) | ||||||
11 | Sec. 5.1. Class definitions. Except as otherwise provided | ||||||
12 | by Agency rules adopted pursuant to subsection (2.5) of Section | ||||||
13 | 1 of this Act: | ||||||
14 | "Class A community water supply" means (i) any surface | ||||||
15 | water community water supply and (ii) any community water | ||||||
16 | supply that includes coagulation, lime softening, ultraviolet | ||||||
17 | disinfection, membrane filtration, or sedimentation as a part | ||||||
18 | of its primary treatment. | ||||||
19 | "Class B community water supply" means any community water | ||||||
20 | supply that includes filtration (other than membrane | ||||||
21 | filtration), aeration and filtration (other than membrane | ||||||
22 | filtration), or ion exchange equipment as a part of its primary | ||||||
23 | treatment. | ||||||
24 | "Class C community water supply" means any community water | ||||||
25 | supply that uses chemical feeding as its only form of |
| |||||||
| |||||||
1 | treatment. | ||||||
2 | "Class D community water supply" means any community water | ||||||
3 | supply that has only pumpage, storage, or distribution | ||||||
4 | facilities.
| ||||||
5 | (415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
| ||||||
6 | Sec. 13.
Community Water Supply Operators shall be | ||||||
7 | certified in accordance with the
following classifications:
| ||||||
8 | (a) A "Class A" Water Supply Operator Certificate shall be | ||||||
9 | issued to
those persons who, in accordance with the provisions | ||||||
10 | of Sections 1 through
23 of this Act, demonstrate the necessary | ||||||
11 | skills, knowledge, ability, and
judgment that are necessary to | ||||||
12 | operate a Class A community water supply in a manner that will | ||||||
13 | provide safe, potable water for human consumption, as well as | ||||||
14 | the skills, knowledge, ability, and judgment necessary to | ||||||
15 | operate Class B, Class C, and Class D community water supplies | ||||||
16 | of the chemical,
biological, and physical sciences essential to | ||||||
17 | the practical mechanics of
coagulation, lime softening, and | ||||||
18 | sedimentation, and distribution in a
manner that which will | ||||||
19 | provide safe, potable water for human consumption. This
| ||||||
20 | includes all surface water community water supplies. The | ||||||
21 | operators
will also demonstrate the necessary skills, | ||||||
22 | knowledge, ability, and judgment
of the treatment processes
| ||||||
23 | outlined in Sections 13 (b),
13 (c), and 13 (d) of this Act.
| ||||||
24 | (b) A "Class B" Water Supply Operator Certificate shall be | ||||||
25 | issued to
those persons who, in accordance with the provisions |
| |||||||
| |||||||
1 | of Section 1 through
23 of this Act, demonstrate the necessary | ||||||
2 | skills, knowledge, ability, and
judgment that are necessary to | ||||||
3 | operate a Class B community water supply in a manner that will | ||||||
4 | provide safe, potable water for human consumption, as well as | ||||||
5 | the skills, knowledge, ability, and judgment necessary to | ||||||
6 | operate Class C and Class D community water supplies of the | ||||||
7 | chemical,
biological, and physical sciences essential to the | ||||||
8 | practical mechanics of
filtration, aeration and filtration, | ||||||
9 | and ion exchange systems, and
distribution in a manner that | ||||||
10 | which will provide safe, potable water for human
consumption. | ||||||
11 | The operators will also demonstrate the necessary
skills, | ||||||
12 | knowledge, ability, and judgment of the treatment processes | ||||||
13 | outlined in
Sections 13 (c) and 13 (d) of this Act.
| ||||||
14 | (c) A "Class C" Water Supply Operator Certificate shall be | ||||||
15 | issued to
those persons who, in accordance with the provisions | ||||||
16 | of Sections 1 through
23 of this Act, demonstrate the necessary | ||||||
17 | skills, knowledge, ability, and
judgment that are necessary to | ||||||
18 | operate a Class C community water supply in a manner that will | ||||||
19 | provide safe, potable water for human consumption, as well as | ||||||
20 | the skills, knowledge, ability, and judgment necessary to | ||||||
21 | operate a Class D community water supply of the chemical,
| ||||||
22 | biological, and physical sciences essential to the practical | ||||||
23 | mechanics of
chemical feeding and disinfection and | ||||||
24 | distribution in a manner that which will
provide safe, potable | ||||||
25 | water for human consumption. The operators
will also | ||||||
26 | demonstrate the necessary skills, knowledge, ability, and |
| |||||||
| |||||||
1 | judgment
of the treatment processes outlined in Section 13 (d) | ||||||
2 | of this Act.
| ||||||
3 | (d) A "Class D" Water Supply Operator Certificate shall be | ||||||
4 | issued to
those persons who, in accordance with the provisions | ||||||
5 | of Sections 1 through
23 of this Act, demonstrate the necessary | ||||||
6 | skills, knowledge, ability, and
judgment that are necessary to | ||||||
7 | operate a Class D community water supply of the chemical,
| ||||||
8 | biological, and physical sciences essential to the practical | ||||||
9 | mechanics of
pumpage, storage, and distribution in a manner | ||||||
10 | that which will provide safe,
potable water for human | ||||||
11 | consumption.
| ||||||
12 | (Source: P.A. 91-84, eff. 7-9-99.)
| ||||||
13 | (525 ILCS 25/10 rep.) | ||||||
14 | Section 30. The Illinois Lake Management Program Act is | ||||||
15 | amended by repealing Section 10.
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law, except that Section 2 takes effect on January 1, | ||||||
18 | 2015.
|