Full Text of HB2001 97th General Assembly
HB2001 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2001 Introduced , by Rep. Ann Williams SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/44 | from Ch. 111 1/2, par. 1044 |
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Amends the Environmental Protection Act. Provides that it is a Class 4 felony to openly dump more than 250 cubic feet of waste or 50 waste tires (presently, the penalty for a first violation of the open dumping prohibition is a Class A misdemeanor, regardless of the quantity of waste dumped). Increases the felony penalty for open dumping from $5,000 to $25,000. Also makes technical changes. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 44 as follows:
| 6 | | (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| 7 | | Sec. 44. Criminal acts; penalties.
| 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
| 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.
| 21 | | (b) Calculated Criminal Disposal of Hazardous Waste.
| 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.
| 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
| 10 | | to a fine not to exceed $500,000 for each day of such | 11 | | offense.
| 12 | | (c) Criminal Disposal of Hazardous Waste.
| 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.
| 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
| 20 | | $250,000 for each day of such offense.
| 21 | | (d) Unauthorized Use of Hazardous Waste.
| 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:
| 3 | | (A) treats, transports, or stores any hazardous | 4 | | waste without such
permit, registration, or license;
| 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
| 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.
| 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
| 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.
| 4 | | (e) Unlawful Delivery of Hazardous Waste.
| 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.
| 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.
| 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
| 18 | | relationship.
| 19 | | (f) Reckless Disposal of Hazardous Waste.
| 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.
| 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
| 9 | | $50,000 for each day of such offense.
| 10 | | (g) Concealment of Criminal Disposal of Hazardous Waste.
| 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
| 15 | | disposed of in violation of this Act.
| 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
| 20 | | Waste is subject to a fine not to exceed $50,000 for each | 21 | | day of such offense.
| 22 | | (h) Violations; False Statements.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 3 | | (i) Verification.
| 4 | | (1) Each application for a permit or license to dispose
| 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
| 10 | | license which contains a false material statement, which he | 11 | | does not believe
to be true.
| 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
| 17 | | material statement that he does not believe to be true.
| 18 | | (j) Violations of Other Provisions.
| 19 | | (1) It is unlawful for a person knowingly to violate:
| 20 | | (A) subsection (f) of Section 12 of this Act;
| 21 | | (B) subsection (g) of Section 12 of this Act;
| 22 | | (C) any term or condition of any Underground | 23 | | Injection Control (UIC)
permit;
| 24 | | (D) any filing requirement, regulation, or order |
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| 1 | | relating to the State
Underground Injection Control | 2 | | (UIC) program;
| 3 | | (E) any provision of any regulation, standard, or | 4 | | filing requirement
under subsection (b) of Section 13 | 5 | | of this Act;
| 6 | | (F) any provision of any regulation, standard, or | 7 | | filing requirement
under subsection (b) of Section 39 | 8 | | of this Act;
| 9 | | (G) any National Pollutant Discharge Elimination | 10 | | System (NPDES) permit
issued under this Act or any term | 11 | | or condition of such permit;
| 12 | | (H) subsection (h) of Section 12 of this Act;
| 13 | | (I) subsection 6 of Section 39.5 of this Act;
| 14 | | (J) any provision of any regulation, standard or | 15 | | filing requirement
under Section 39.5 of this Act;
| 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.
| 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.
| 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;
| 6 | | (B) subsection (g) of Section 12 of this Act;
| 7 | | (C) any provision of any regulation, standard, or | 8 | | filing requirement
under subsection (b) of Section 13 | 9 | | of this Act;
| 10 | | (D) any provision of any regulation, standard, or | 11 | | filing requirement
under subsection (b) of Section 39 | 12 | | of this Act;
| 13 | | (E) any National Pollutant Discharge Elimination | 14 | | System (NPDES) permit
issued under this Act;
| 15 | | (F) subsection 6 of Section 39.5 of this Act; or
| 16 | | (G) any provision of any regulation, standard, or | 17 | | filing requirement
under Section 39.5 of this Act.
| 18 | | (4) It is unlawful for a person knowingly to:
| 19 | | (A) make any false statement, representation, or | 20 | | certification
in an application form, or form | 21 | | pertaining to, a National Pollutant Discharge
| 22 | | Elimination System (NPDES) permit;
| 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;
| 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
| 5 | | Act;
| 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
| 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.
| 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.
| 19 | | (k) Criminal operation of a hazardous waste or PCB | 20 | | incinerator.
| 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.
| 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.
| 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
| 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.
| 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.
| 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.
| 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 |
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| 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 |
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| 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.
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