Full Text of HB6153 97th General Assembly
HB6153ham003 97TH GENERAL ASSEMBLY | Rep. Naomi D. Jakobsson Filed: 5/17/2012
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| 1 | | AMENDMENT TO HOUSE BILL 6153
| 2 | | AMENDMENT NO. ______. Amend House Bill 6153, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 2, as follows:
| 5 | | on page 1, in line 11, by replacing " Agency approvals granted " | 6 | | with " permits granted by the Agency "; and | 7 | | on page 2, in line 4, by replacing " material containing PCBs at | 8 | | a site or facility that is " with " PCB Items regulated under | 9 | | Subpart D of 40 C.F.R. 761 at a site or facility "; and | 10 | | on page 2, in line 5, by deleting " and "; and | 11 | | on page 2, in line 9, by replacing " last decennial " with | 12 | | " last "; and | 13 | | by replacing line 10 on page 2 through line 7 on page 17 with |
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| 1 | | the following:
| 2 | | "(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| 3 | | Sec. 44. Criminal acts; penalties.
| 4 | | (a) Except as otherwise provided in this Section, it shall | 5 | | be
a Class A misdemeanor to violate this Act or
regulations | 6 | | thereunder, or any permit or term or condition thereof, or
| 7 | | knowingly to submit any false information under this Act or | 8 | | regulations
adopted thereunder, or under any permit or term or | 9 | | condition thereof.
A court may, in addition to any other | 10 | | penalty herein imposed, order a person
convicted of any | 11 | | violation of this Act to perform
community service for not less | 12 | | than 100 hours and not more than 300 hours if
community service | 13 | | is available in the jurisdiction.
It shall be the duty of all | 14 | | State and local law-enforcement officers to
enforce such Act | 15 | | and regulations, and all such officers shall have
authority to | 16 | | issue citations for such violations.
| 17 | | (b) Calculated Criminal Disposal of Hazardous Waste.
| 18 | | (1) A person commits the offense of Calculated Criminal | 19 | | Disposal of
Hazardous Waste when, without lawful | 20 | | justification, he knowingly disposes
of hazardous waste | 21 | | while knowing that he thereby places another
person in | 22 | | danger of great bodily harm or creates an immediate or | 23 | | long-term
danger to the public health or the environment.
| 24 | | (2) Calculated Criminal Disposal of Hazardous Waste is |
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| 1 | | a Class 2 felony.
In addition to any other penalties | 2 | | prescribed by law, a person convicted
of the offense of | 3 | | Calculated Criminal Disposal of Hazardous Waste is subject
| 4 | | to a fine not to exceed $500,000 for each day of such | 5 | | offense.
| 6 | | (c) Criminal Disposal of Hazardous Waste.
| 7 | | (1) A person commits the offense of Criminal Disposal | 8 | | of Hazardous Waste
when, without lawful justification, he | 9 | | knowingly disposes of hazardous waste.
| 10 | | (2) Criminal Disposal of Hazardous Waste is a Class 3 | 11 | | felony. In addition
to any other penalties prescribed by | 12 | | law, a person convicted of the offense
of Criminal Disposal | 13 | | of Hazardous Waste is subject to a fine not to exceed
| 14 | | $250,000 for each day of such offense.
| 15 | | (d) Unauthorized Use of Hazardous Waste.
| 16 | | (1) A person commits the offense of Unauthorized Use of | 17 | | Hazardous Waste
when he, being required to have a permit, | 18 | | registration, or license under
this Act or any
other law | 19 | | regulating the treatment, transportation, or storage of | 20 | | hazardous
waste, knowingly:
| 21 | | (A) treats, transports, or stores any hazardous | 22 | | waste without such
permit, registration, or license;
| 23 | | (B) treats, transports, or stores any hazardous | 24 | | waste in violation of
the terms and conditions of such |
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| 1 | | permit or license;
| 2 | | (C) transports any hazardous waste to a facility | 3 | | which does not have a
permit or license required under | 4 | | this Act; or
| 5 | | (D) transports by vehicle any hazardous waste | 6 | | without having in
each vehicle credentials issued to | 7 | | the transporter by the transporter's base
state | 8 | | pursuant to procedures established under the Uniform | 9 | | Program.
| 10 | | (2) A person who is convicted of a violation of | 11 | | subparagraph (A), (B), or (C) of paragraph (1) of this | 12 | | subsection is guilty of a Class 4 felony. A person who
is | 13 | | convicted of a violation of subparagraph (D) of paragraph | 14 | | (1) of this subsection is guilty of a Class A
misdemeanor. | 15 | | In addition to any other penalties prescribed by law, a | 16 | | person
convicted of violating subparagraph (A), (B), or (C) | 17 | | of paragraph (1) of this subsection is subject to
a fine | 18 | | not to exceed $100,000 for each day of such violation, and | 19 | | a
person who is convicted of violating subparagraph (D) of | 20 | | paragraph (1) of this subsection is subject to a
fine not | 21 | | to exceed $1,000.
| 22 | | (e) Unlawful Delivery of Hazardous Waste.
| 23 | | (1) Except as authorized by this Act or the federal | 24 | | Resource
Conservation and Recovery Act, and the | 25 | | regulations promulgated thereunder,
it is unlawful for any |
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| 1 | | person to knowingly deliver hazardous waste.
| 2 | | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | 3 | | felony. In
addition to any other penalties prescribed by | 4 | | law, a person convicted of
the offense of Unlawful Delivery | 5 | | of Hazardous Waste is subject to a fine
not to exceed | 6 | | $250,000 for each such violation.
| 7 | | (3) For purposes of this Section, "deliver" or | 8 | | "delivery" means the
actual, constructive, or attempted | 9 | | transfer of possession of hazardous
waste, with or without | 10 | | consideration, whether or not there is an agency
| 11 | | relationship.
| 12 | | (f) Reckless Disposal of Hazardous Waste.
| 13 | | (1) A person commits Reckless Disposal of Hazardous | 14 | | Waste if he disposes
of hazardous waste, and his acts which | 15 | | cause the hazardous waste to be disposed
of, whether or not | 16 | | those acts are undertaken pursuant to or under color
of any | 17 | | permit or license, are performed with a conscious disregard | 18 | | of a
substantial and unjustifiable risk that such disposing | 19 | | of
hazardous waste is a gross deviation from the standard | 20 | | of care which a
reasonable person would exercise in the | 21 | | situation.
| 22 | | (2) Reckless Disposal of Hazardous Waste is a Class 4 | 23 | | felony. In addition
to any other penalties prescribed by | 24 | | law, a person convicted of the offense
of Reckless Disposal | 25 | | of Hazardous Waste is subject to a fine not to exceed
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| 1 | | $50,000 for each day of such offense.
| 2 | | (g) Concealment of Criminal Disposal of Hazardous Waste.
| 3 | | (1) A person commits the offense of Concealment of | 4 | | Criminal Disposal
of Hazardous Waste when he conceals, | 5 | | without lawful justification, the disposal
of hazardous | 6 | | waste with the knowledge that such hazardous waste has been
| 7 | | disposed of in violation of this Act.
| 8 | | (2) Concealment of Criminal Disposal of a Hazardous | 9 | | Waste is a Class
4 felony. In addition to any other | 10 | | penalties prescribed by law, a person
convicted of the | 11 | | offense of Concealment of Criminal Disposal of Hazardous
| 12 | | Waste is subject to a fine not to exceed $50,000 for each | 13 | | day of such offense.
| 14 | | (h) Violations; False Statements.
| 15 | | (1) Any person who knowingly makes a false material | 16 | | statement in an
application for a permit or license | 17 | | required by this Act to treat, transport,
store, or dispose | 18 | | of hazardous waste commits the offense of perjury and
shall | 19 | | be subject to the penalties set forth in Section 32-2 of | 20 | | the Criminal
Code of 1961.
| 21 | | (2) Any person who knowingly makes a false material | 22 | | statement or
representation in any label, manifest, | 23 | | record, report, permit or license,
or other document filed, | 24 | | maintained, or used for the purpose of compliance
with this |
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| 1 | | Act in connection with the generation, disposal, | 2 | | treatment,
storage, or transportation of hazardous waste | 3 | | commits a Class 4 felony. A
second or any subsequent | 4 | | offense after conviction hereunder is a Class 3
felony.
| 5 | | (3) Any person who knowingly destroys, alters, or | 6 | | conceals any record
required to be made by this Act in | 7 | | connection with the disposal, treatment,
storage, or | 8 | | transportation of hazardous waste commits a Class 4 felony.
| 9 | | A second or any subsequent offense after a conviction | 10 | | hereunder is a
Class 3 felony.
| 11 | | (4) Any person who knowingly makes a false material | 12 | | statement or
representation in any application, bill, | 13 | | invoice, or other document filed,
maintained, or used for | 14 | | the purpose of receiving money from the Underground
Storage | 15 | | Tank Fund commits a Class 4 felony. A second or any | 16 | | subsequent
offense after conviction hereunder is a Class 3 | 17 | | felony.
| 18 | | (5) Any person who knowingly destroys, alters, or | 19 | | conceals any record
required to be made or maintained by | 20 | | this Act or required to be made or
maintained by Board or | 21 | | Agency rules for the purpose of receiving money from
the | 22 | | Underground Storage Tank Fund commits a Class 4 felony. A | 23 | | second or any
subsequent offense after a conviction | 24 | | hereunder is a Class 3 felony.
| 25 | | (6) A person who knowingly and falsely certifies under | 26 | | Section 22.48
that an industrial process waste or pollution |
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| 1 | | control waste is not special
waste commits a Class 4 felony | 2 | | for a first offense and commits a Class 3 felony
for a | 3 | | second or subsequent offense.
| 4 | | (7) In addition to any other penalties prescribed by | 5 | | law, a person
convicted of violating this subsection (h) is | 6 | | subject to a fine not to
exceed $50,000 for each day of | 7 | | such violation.
| 8 | | (8) Any person who knowingly makes a false, fictitious, | 9 | | or fraudulent material statement, orally or in writing, to | 10 | | the Agency, or to a unit of local government to which the | 11 | | Agency has delegated authority under subsection (r) of | 12 | | Section 4 of this Act, related to or required by this Act, | 13 | | a regulation adopted under this Act, any federal law or | 14 | | regulation for which the Agency has responsibility, or any | 15 | | permit, term, or condition thereof, commits a Class 4 | 16 | | felony, and each such statement or writing shall be | 17 | | considered a separate Class 4 felony. A person who, after | 18 | | being convicted under this paragraph (8), violates this | 19 | | paragraph (8) a second or subsequent time, commits a Class | 20 | | 3 felony.
| 21 | | (i) Verification.
| 22 | | (1) Each application for a permit or license to dispose
| 23 | | of, transport, treat, store, or generate hazardous waste | 24 | | under this Act
shall contain an affirmation that the facts | 25 | | are true and are made under
penalty of perjury as defined |
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| 1 | | in Section 32-2 of the Criminal Code of 1961.
It is perjury | 2 | | for a person to sign any such application for a permit or
| 3 | | license which contains a false material statement, which he | 4 | | does not believe
to be true.
| 5 | | (2) Each request for money from the Underground Storage | 6 | | Tank Fund
shall contain an affirmation that the facts are | 7 | | true and are made under
penalty of perjury as defined in | 8 | | Section 32-2 of the Criminal Code of 1961.
It is perjury | 9 | | for a person to sign any request that contains a false
| 10 | | material statement that he does not believe to be true.
| 11 | | (j) Violations of Other Provisions.
| 12 | | (1) It is unlawful for a person knowingly to violate:
| 13 | | (A) subsection (f) of Section 12 of this Act;
| 14 | | (B) subsection (g) of Section 12 of this Act;
| 15 | | (C) any term or condition of any Underground | 16 | | Injection Control (UIC)
permit;
| 17 | | (D) any filing requirement, regulation, or order | 18 | | relating to the State
Underground Injection Control | 19 | | (UIC) program;
| 20 | | (E) any provision of any regulation, standard, or | 21 | | filing requirement
under subsection (b) of Section 13 | 22 | | of this Act;
| 23 | | (F) any provision of any regulation, standard, or | 24 | | filing requirement
under subsection (b) of Section 39 | 25 | | of this Act;
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| 1 | | (G) any National Pollutant Discharge Elimination | 2 | | System (NPDES) permit
issued under this Act or any term | 3 | | or condition of such permit;
| 4 | | (H) subsection (h) of Section 12 of this Act;
| 5 | | (I) subsection 6 of Section 39.5 of this Act;
| 6 | | (J) any provision of any regulation, standard or | 7 | | filing requirement
under Section 39.5 of this Act;
| 8 | | (K) a provision of the Procedures for Asbestos | 9 | | Emission Control in
subsection (c) of
Section 61.145 of | 10 | | Title 40 of the Code of Federal Regulations; or | 11 | | (L) the standard for waste disposal for | 12 | | manufacturing, fabricating, demolition, renovation, | 13 | | and spraying operations in Section 61.150 of Title 40 | 14 | | of the Code of Federal Regulations.
| 15 | | (2) A person convicted of a violation of subdivision | 16 | | (1) of this
subsection commits a Class 4 felony, and in | 17 | | addition to any other penalty
prescribed by law is subject | 18 | | to a fine not to exceed $25,000 for each day
of such | 19 | | violation.
| 20 | | (3) A person who negligently violates the following | 21 | | shall be subject
to a fine not to exceed $10,000 for each | 22 | | day of such violation:
| 23 | | (A) subsection (f) of Section 12 of this Act;
| 24 | | (B) subsection (g) of Section 12 of this Act;
| 25 | | (C) any provision of any regulation, standard, or | 26 | | filing requirement
under subsection (b) of Section 13 |
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| 1 | | of this Act;
| 2 | | (D) any provision of any regulation, standard, or | 3 | | filing requirement
under subsection (b) of Section 39 | 4 | | of this Act;
| 5 | | (E) any National Pollutant Discharge Elimination | 6 | | System (NPDES) permit
issued under this Act;
| 7 | | (F) subsection 6 of Section 39.5 of this Act; or
| 8 | | (G) any provision of any regulation, standard, or | 9 | | filing requirement
under Section 39.5 of this Act.
| 10 | | (4) It is unlawful for a person knowingly to:
| 11 | | (A) make any false statement, representation, or | 12 | | certification
in an application form, or form | 13 | | pertaining to, a National Pollutant Discharge
| 14 | | Elimination System (NPDES) permit;
| 15 | | (B) render inaccurate any monitoring device or | 16 | | record required by the
Agency or Board in connection | 17 | | with any such permit or with any discharge
which is | 18 | | subject to the provisions of subsection (f) of Section | 19 | | 12 of this
Act;
| 20 | | (C) make any false statement, representation, or | 21 | | certification in any
form, notice, or report | 22 | | pertaining to a CAAPP permit under Section 39.5 of this
| 23 | | Act;
| 24 | | (D) render inaccurate any monitoring device or | 25 | | record required by
the Agency or Board in connection | 26 | | with any CAAPP permit or with any
emission which is |
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| 1 | | subject to the provisions of Section 39.5 of this Act; | 2 | | or
| 3 | | (E) violate subsection 6 of Section 39.5 of this | 4 | | Act or any CAAPP
permit, or term or condition thereof, | 5 | | or any fee or filing requirement.
| 6 | | (5) A person convicted of a violation of paragraph (4) | 7 | | of this
subsection commits a Class A misdemeanor, and in | 8 | | addition to any other
penalties provided by law is subject | 9 | | to a fine not to exceed $10,000 for
each day of violation.
| 10 | | (k) Criminal operation of a hazardous waste or PCB | 11 | | incinerator.
| 12 | | (1) A person commits the offense of criminal operation | 13 | | of a hazardous
waste or PCB incinerator when, in the course | 14 | | of operating a hazardous waste
or PCB incinerator, he | 15 | | knowingly and without justification operates
the | 16 | | incinerator (i) without an Agency permit, or in knowing | 17 | | violation of
the terms of an Agency permit, and (ii) as a | 18 | | result of such violation,
knowingly places any person in | 19 | | danger of great bodily harm or knowingly
creates an | 20 | | immediate or long term material danger to the public health | 21 | | or
the environment.
| 22 | | (2) Any person who commits the offense of criminal | 23 | | operation of a
hazardous waste or PCB incinerator for the | 24 | | first time commits a Class 4
felony and, in addition to any | 25 | | other penalties prescribed by law, shall be
subject to a |
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| 1 | | fine not to exceed $100,000 for each day of the offense.
| 2 | | Any person who commits the offense of criminal | 3 | | operation of a hazardous
waste or PCB incinerator for a | 4 | | second or subsequent time commits a Class 3
felony and, in | 5 | | addition to any other penalties prescribed by law, shall be
| 6 | | subject to a fine not to exceed $250,000 for each day of | 7 | | the offense.
| 8 | | (3) For the purpose of this subsection (k), the term | 9 | | "hazardous waste
or PCB incinerator" means a pollution | 10 | | control facility at which
either hazardous waste or PCBs, | 11 | | or both, are incinerated. "PCBs" means any
substance or | 12 | | mixture of substances that contains one or more
| 13 | | polychlorinated biphenyls in detectable amounts.
| 14 | | (l) It shall be the duty of all State and local law | 15 | | enforcement officers
to enforce this Act and the regulations | 16 | | adopted hereunder, and all such
officers shall have authority | 17 | | to issue citations for such violations.
| 18 | | (m) Any action brought under this Section shall be brought | 19 | | by the
State's Attorney of the county in which the violation | 20 | | occurred, or by the
Attorney General, and shall be conducted in | 21 | | accordance with the applicable
provisions of the Code of | 22 | | Criminal Procedure of 1963.
| 23 | | (n) For an offense described in this Section, the period |
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| 1 | | for
commencing prosecution prescribed by the statute of | 2 | | limitations shall not
begin to run until the offense is | 3 | | discovered by or reported to a State or
local agency having the | 4 | | authority to investigate violations of this Act.
| 5 | | (o) In addition to any other penalties provided under this
| 6 | | Act, if a person is convicted of (or agrees to a settlement in | 7 | | an enforcement
action over) illegal dumping of waste on the | 8 | | person's own property, the
Attorney General, the Agency, or | 9 | | local prosecuting authority shall file notice
of the | 10 | | conviction, finding, or agreement in the office of the Recorder | 11 | | in the
county in which the landowner lives.
| 12 | | (p) Criminal Disposal of Waste.
| 13 | | (1) A person commits the offense of Criminal Disposal | 14 | | of Waste when he or
she:
| 15 | | (A) if required to have a permit under subsection | 16 | | (d)
of Section 21 of this Act, knowingly conducts a | 17 | | waste-storage, waste-treatment,
or
waste-disposal | 18 | | operation in a quantity that exceeds 250 cubic feet of | 19 | | waste
without a permit; or
| 20 | | (B) knowingly conducts open dumping of waste in | 21 | | violation of subsection
(a) of
Section 21 of this Act.
| 22 | | (2) (A) A person who is convicted of a violation of | 23 | | subparagraph (A) of
paragraph (1) of this subsection is | 24 | | guilty of a Class 4 felony for a first
offense
and, in
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| 1 | | addition to any other penalties provided by law, is subject | 2 | | to a fine not to
exceed $25,000 for each day of violation.
| 3 | | A person who is convicted of a violation of subparagraph | 4 | | (A) of paragraph (1) of this
subsection is guilty of a | 5 | | Class 3 felony for a second or subsequent offense
and, in | 6 | | addition to any other penalties provided by law, is subject | 7 | | to a fine
not to exceed $50,000 for each day of violation.
| 8 | | (B) A person who is convicted of a
violation of | 9 | | subparagraph (B) of paragraph
(1) of this subsection is | 10 | | guilty of a Class A misdemeanor.
However, a person who | 11 | | is convicted of a violation of subparagraph
(B) of
| 12 | | paragraph (1) of this
subsection for the open dumping | 13 | | of waste in a quantity that exceeds 250 cubic
feet or | 14 | | that exceeds 50 waste tires is guilty of a Class 4 | 15 | | felony
and, in
addition to any other penalties provided | 16 | | by law, is subject to a fine not to
exceed $25,000 for | 17 | | each day of violation.
| 18 | | (q) Criminal Damage to a Public Water Supply. | 19 | | (1) A person commits the offense of Criminal Damage to | 20 | | a Public Water Supply when, without lawful justification, | 21 | | he knowingly alters, damages, or otherwise tampers with the | 22 | | equipment or property of a public water supply, or | 23 | | knowingly introduces a contaminant into the distribution | 24 | | system of a public water supply so as to cause, threaten, | 25 | | or allow the distribution of water from any public water |
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| 1 | | supply of such quality or quantity as to be injurious to | 2 | | human health or the environment. | 3 | | (2) Criminal Damage to a Public Water Supply is a Class | 4 | | 4 felony. In addition to any other penalties prescribed by | 5 | | law, a person convicted of the offense of Criminal Damage | 6 | | to a Public Water Supply is subject to a fine not to exceed | 7 | | $250,000 for each day of such offense. | 8 | | (r) Aggravated Criminal Damage to a Public Water Supply. | 9 | | (1) A person commits the offense of Aggravated Criminal | 10 | | Damage to a Public Water Supply when, without lawful | 11 | | justification, he commits Criminal Damage to a Public Water | 12 | | Supply while knowing that he thereby places another person | 13 | | in danger of serious illness or great bodily harm, or | 14 | | creates an immediate or long-term danger to public health | 15 | | or the environment. | 16 | | (2) Aggravated Criminal Damage to a Public Water Supply | 17 | | is a Class 2 felony. In addition to any other penalties | 18 | | prescribed by law, a person convicted of the offense of | 19 | | Aggravated Criminal Damage to a Public Water Supply is | 20 | | subject to a fine not to exceed $500,000 for each day of | 21 | | such offense. | 22 | | (s) Criminal Disposal of PCBs. | 23 | | (1) A person commits the offense of criminal disposal | 24 | | of PCBs when, without lawful justification, he knowingly |
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| 1 | | violates Section 21.7 of this Act. | 2 | | (2) Criminal Disposal of PCBs is a Class 3 felony. In | 3 | | addition to any other penalties prescribed by law, a person | 4 | | convicted of the offense of Criminal Disposal of PCBs is | 5 | | subject to a fine not to exceed $250,000 for each day of | 6 | | such offense. | 7 | | (Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; | 8 | | 97-286, eff. 8-10-11; revised 9-2-11.)".
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