SB2657 EngrossedLRB098 15828 MGM 50870 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (30 ILCS 105/5.250 rep.)
5    Section 2. The State Finance Act is amended by repealing
6Section 5.250.
 
7    Section 3. The Solid Waste Site Operator Certification Law
8is amended by changing Section 1011 as follows:
 
9    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
10    Sec. 1011. Fees.
11    (a) Fees for the issuance or renewal of a Solid Waste Site
12Operator 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
2198th General Assembly, all All fees collected by the Agency
22under this Section shall be deposited into the Hazardous Waste

 

 

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1Occupational Licensing Fund. The Agency is authorized to use
2monies in the Hazardous Waste Occupational Licensing Fund to
3perform its functions, powers, and duties under this Section.
4    On and after the effective date of this amendatory Act of
5the 98th General Assembly, all fees collected by the Agency
6under this Section shall be deposited into the Environmental
7Protection Permit and Inspection Fund to be used in accordance
8with the provisions of subsection (a) of Section 22.8 of the
9Environmental Protection Act.
10(Source: P.A. 86-1363.)
 
11    Section 5. The Environmental Protection Act is amended by
12changing 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
15Fund.
16    (a) There is hereby created in the State Treasury a special
17fund to be known as the Environmental Protection Permit and
18Inspection Fund. All fees collected by the Agency pursuant to
19this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
2056.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act
21or pursuant to Section 22 of the Public Water Supply Operations
22Act or Section 1011 of the Solid Waste Site Operator
23Certification Law, as well as and funds collected under
24subsection (b.5) of Section 42 of this Act shall be deposited

 

 

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1into the Fund. In addition to any monies appropriated from the
2General Revenue Fund, monies in the Fund shall be appropriated
3by the General Assembly to the Agency in amounts deemed
4necessary for manifest, permit, and inspection activities and
5for performing its functions, powers, and duties under the
6Solid Waste Site Operator Certification Law processing
7requests under Section 22.2 (j)(6)(E)(v)(IV).
8    The General Assembly may appropriate monies in the Fund
9deemed necessary for Board regulatory and adjudicatory
10proceedings.
11    (a-5) As soon as practicable after the effective date of
12this amendatory Act of the 98th General Assembly, but no later
13than January 1, 2014, the State Comptroller shall direct and
14the State Treasurer shall transfer all monies in the Industrial
15Hygiene Regulatory and Enforcement Fund to the Environmental
16Protection Permit and Inspection Fund to be used in accordance
17with the terms of the Environmental Protection Permit and
18Inspection Fund.
19    (a-6) As soon as practicable after the effective date of
20this amendatory Act of the 98th General Assembly, but no later
21than December 31, 2014, the State Comptroller shall order the
22transfer of, and the State Treasurer shall transfer, all moneys
23in the Hazardous Waste Occupational Licensing Fund into the
24Environmental Protection Permit and Inspection Fund to be used
25in accordance with the terms of the Environmental Protection
26Permit and Inspection Fund.

 

 

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1    (b) The Agency shall collect from the owner or operator of
2any of the following types of hazardous waste disposal sites or
3management facilities which require a RCRA permit under
4subsection (f) of Section 21 of this Act, or a UIC permit under
5subsection (g) of Section 12 of this Act, an annual fee in the
6amount 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
9a single hazardous waste disposal site, the Agency shall
10collect from the owner or operator of such site an annual fee
11equal to the highest fee imposed by subsection (b) of this
12Section upon any single operational unit within the site.
13    (d) The fee imposed upon a hazardous waste disposal site
14under this Section shall be the exclusive permit and inspection
15fee applicable to hazardous waste disposal at such site,
16provided that nothing in this Section shall be construed to
17diminish or otherwise affect any fee imposed upon the owner or
18operator of a hazardous waste disposal site by Section 22.2.
19    (e) The Agency shall establish procedures, no later than
20December 1, 1984, relating to the collection of the hazardous
21waste disposal site fees authorized by this Section. Such
22procedures shall include, but not be limited to the time and
23manner of payment of fees to the Agency, which shall be
24quarterly, payable at the beginning of each quarter for
25hazardous waste disposal site fees. Annual fees required under
26paragraph (7) of subsection (b) of this Section shall accompany

 

 

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1the annual report required by Board regulations for the
2calendar year for which the report applies.
3    (f) For purposes of this Section, a hazardous waste
4disposal site consists of one or more of the following
5operational 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.
15    (g) The Agency shall assess a fee for each manifest
16provided by the Agency. For manifests provided on or after
17January 1, 1989 but before July 1, 2003, the fee shall be $1
18per manifest. For manifests provided on or after July 1, 2003,
19the 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)
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
25with the Board and providing a copy of the petition to the

 

 

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1Agency. Any person filing such a petition shall (i) pay a
2filing fee, (ii) . The Agency shall promptly give written notice
3of such petition to any person in the county in which the
4installation or property for which variance is sought is
5located who has filed with the Board a written request for in
6writing requested notice of variance petitions, the State's
7attorney of such county, the Chairman of the County Board of
8such county, and to each member of the General Assembly from
9the legislative district in which that installation or property
10is located, and (iii) shall publish a single notice of such
11petition in a newspaper of general circulation in such county.
12The notices required by this Section shall be in a format
13prescribed by the Board and shall include the street address,
14and if there is no street address then the legal description or
15the location with reference to any well known landmark,
16highway, road, thoroughfare or intersection.
17    The Agency shall promptly investigate such petition and
18consider the views of persons who might be adversely affected
19by the grant of a variance. The Agency shall make a
20recommendation to the Board as to the disposition of the
21petition. If the Board, in its discretion, concludes that a
22hearing would be advisable, or if the Agency or any other
23person files a written objection to the grant of such variance
24within 21 days, together with a written request for hearing,
25then a hearing shall be held, under the rules prescribed in
26Sections 32 and 33 (a) of this Act, and the burden of proof

 

 

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1shall be on the petitioner.
2    (b) Any person seeking a provisional variance pursuant to
3subsection (b) of Section 35 shall make a request to the
4Agency. The Agency shall promptly investigate and consider the
5merits of the request. If the Agency fails to take final action
6within 30 days after receipt of the request for a provisional
7variance, or if the Agency denies the request, the person may
8initiate a proceeding with the Board under subsection (a) of
9Section 35.
10    If the Agency grants a provisional variance, the Agency
11must promptly file a copy of its written decision with the
12Board, and shall give prompt notice of its action to the public
13by issuing a press release for distribution to newspapers of
14general circulation in the county. The Board must maintain for
15public inspection copies of all provisional variances filed
16with 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)
19    Sec. 44. Criminal acts; penalties.
20    (a) Except as otherwise provided in this Section, it shall
21be a Class A misdemeanor to violate this Act or regulations
22thereunder, or any permit or term or condition thereof, or
23knowingly to submit any false information under this Act or
24regulations adopted thereunder, or under any permit or term or
25condition thereof. A court may, in addition to any other

 

 

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1penalty herein imposed, order a person convicted of any
2violation of this Act to perform community service for not less
3than 100 hours and not more than 300 hours if community service
4is available in the jurisdiction. It shall be the duty of all
5State and local law-enforcement officers to enforce such Act
6and regulations, and all such officers shall have authority to
7issue 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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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;

 

 

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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

 

 

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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

 

 

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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
8incinerator.
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

 

 

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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
12enforcement officers to enforce this Act and the regulations
13adopted hereunder, and all such officers shall have authority
14to issue citations for such violations.
 
15    (m) Any action brought under this Section shall be brought
16by the State's Attorney of the county in which the violation
17occurred, or by the Attorney General, and shall be conducted in
18accordance with the applicable provisions of the Code of
19Criminal Procedure of 1963.
 
20    (n) For an offense described in this Section, the period
21for commencing prosecution prescribed by the statute of
22limitations shall not begin to run until the offense is
23discovered by or reported to a State or local agency having the

 

 

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1authority to investigate violations of this Act.
 
2    (o) In addition to any other penalties provided under this
3Act, if a person is convicted of (or agrees to a settlement in
4an enforcement action over) illegal dumping of waste on the
5person's own property, the Attorney General, the Agency, or
6local prosecuting authority shall file notice of the
7conviction, finding, or agreement in the office of the Recorder
8in 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

 

 

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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

 

 

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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;
2097-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff.
211-25-13.)
 
22    (415 ILCS 5/57.17 rep.)
23    Section 8. The Environmental Protection Act is amended by
24repealing Section 57.17.
 

 

 

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1    Section 10. The Public Water Supply Operations Act is
2amended by changing Sections 1 and 13 and by adding Section 5.1
3as 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
6well being of the populace, every community water supply in
7Illinois shall have on its operational staff at least one
8natural person certified as competent as a water supply
9operator under the provisions of this Act.
10    Except for exempt community water supplies as specified in
11Section 9.1 of this Act, all portions of a community water
12supply system shall be under the direct supervision of a
13properly 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

 

 

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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
13reclassify community water supplies as Class A, Class B, Class
14C, or Class D community water supplies. A community water
15supply that cannot be clearly classified under Section 5.1 or
16Agency rules shall grouped according to this Section will be
17considered individually and designated, in writing, by the
18Agency, as a Class A, Class B, Class C, or Class D community
19water supply within one of the above groups by the Agency.
20Classifications made under this subsection (2.5) shall This
21determination will be based on the nature of the community
22water supply and on the education and experience necessary to
23operate it.
24      (3) A community water supply may satisfy the requirements
25of this Section by contracting the services of a properly
26qualified certified operator of the required class or higher,

 

 

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1as specified in subsection (2). A written agreement to this
2effect must be on file with the Agency certifying that such an
3agreement exists, and delegating responsibility and authority
4to the contracted party. This written agreement shall be signed
5by both the certified operator to be contracted and the
6responsible community water supply owner or official custodian
7and 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,
9eff. 6-28-01.)
 
10    (415 ILCS 45/5.1 new)
11    Sec. 5.1. Class definitions. Except as otherwise provided
12by Agency rules adopted pursuant to subsection (2.5) of Section
131 of this Act:
14    "Class A community water supply" means (i) any surface
15water community water supply and (ii) any community water
16supply that includes coagulation, lime softening, ultraviolet
17disinfection, membrane filtration, or sedimentation as a part
18of its primary treatment.
19    "Class B community water supply" means any community water
20supply that includes filtration (other than membrane
21filtration), aeration and filtration (other than membrane
22filtration), or ion exchange equipment as a part of its primary
23treatment.
24    "Class C community water supply" means any community water
25supply that uses chemical feeding as its only form of

 

 

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1treatment.
2    "Class D community water supply" means any community water
3supply that has only pumpage, storage, or distribution
4facilities.
 
5    (415 ILCS 45/13)  (from Ch. 111 1/2, par. 513)
6    Sec. 13. Community Water Supply Operators shall be
7certified in accordance with the following classifications:
8    (a) A "Class A" Water Supply Operator Certificate shall be
9issued to those persons who, in accordance with the provisions
10of Sections 1 through 23 of this Act, demonstrate the necessary
11skills, knowledge, ability, and judgment that are necessary to
12operate a Class A community water supply in a manner that will
13provide safe, potable water for human consumption, as well as
14the skills, knowledge, ability, and judgment necessary to
15operate Class B, Class C, and Class D community water supplies
16of the chemical, biological, and physical sciences essential to
17the practical mechanics of coagulation, lime softening, and
18sedimentation, and distribution in a manner that which will
19provide safe, potable water for human consumption. This
20includes all surface water community water supplies. The
21operators will also demonstrate the necessary skills,
22knowledge, ability, and judgment of the treatment processes
23outlined in Sections 13 (b), 13 (c), and 13 (d) of this Act.
24    (b) A "Class B" Water Supply Operator Certificate shall be
25issued to those persons who, in accordance with the provisions

 

 

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1of Section 1 through 23 of this Act, demonstrate the necessary
2skills, knowledge, ability, and judgment that are necessary to
3operate a Class B community water supply in a manner that will
4provide safe, potable water for human consumption, as well as
5the skills, knowledge, ability, and judgment necessary to
6operate Class C and Class D community water supplies of the
7chemical, biological, and physical sciences essential to the
8practical mechanics of filtration, aeration and filtration,
9and ion exchange systems, and distribution in a manner that
10which will provide safe, potable water for human consumption.
11The operators will also demonstrate the necessary skills,
12knowledge, ability, and judgment of the treatment processes
13outlined in Sections 13 (c) and 13 (d) of this Act.
14    (c) A "Class C" Water Supply Operator Certificate shall be
15issued to those persons who, in accordance with the provisions
16of Sections 1 through 23 of this Act, demonstrate the necessary
17skills, knowledge, ability, and judgment that are necessary to
18operate a Class C community water supply in a manner that will
19provide safe, potable water for human consumption, as well as
20the skills, knowledge, ability, and judgment necessary to
21operate a Class D community water supply of the chemical,
22biological, and physical sciences essential to the practical
23mechanics of chemical feeding and disinfection and
24distribution in a manner that which will provide safe, potable
25water for human consumption. The operators will also
26demonstrate the necessary skills, knowledge, ability, and

 

 

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1judgment of the treatment processes outlined in Section 13 (d)
2of this Act.
3    (d) A "Class D" Water Supply Operator Certificate shall be
4issued to those persons who, in accordance with the provisions
5of Sections 1 through 23 of this Act, demonstrate the necessary
6skills, knowledge, ability, and judgment that are necessary to
7operate a Class D community water supply of the chemical,
8biological, and physical sciences essential to the practical
9mechanics of pumpage, storage, and distribution in a manner
10that which will provide safe, potable water for human
11consumption.
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
15amended by repealing Section 10.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law, except that Section 2 takes effect on January 1,
182015.