Full Text of SB2657 98th General Assembly
SB2657sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 2/20/2014
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| 1 | | AMENDMENT TO SENATE BILL 2657
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2657 on page 1, | 3 | | above line 4, by inserting the following:
| 4 | | "(30 ILCS 105/5.250 rep.)
| 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)
| 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 |
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| 1 | | issuance or renewal for special waste endorsements.
| 2 | | (2) If the fee for renewal is not paid within the grace | 3 | | period the
above fees for renewal shall each be increased | 4 | | by $50.
| 5 | | (b) Before the effective date of this amendatory Act of the | 6 | | 98th General Assembly, all All fees collected by the Agency | 7 | | under this Section shall be
deposited into the Hazardous Waste | 8 | | Occupational Licensing Fund. The Agency
is authorized to use | 9 | | monies in the Hazardous Waste Occupational Licensing Fund to | 10 | | perform its functions, powers,
and duties under this Section.
| 11 | | On and after the effective date of this amendatory Act of | 12 | | the 98th General Assembly, all fees collected by the Agency | 13 | | under this Section shall be deposited into the Environmental | 14 | | Protection Permit and Inspection Fund to be used in accordance | 15 | | with the provisions of subsection (a) of Section 22.8 of the | 16 | | Environmental Protection Act. | 17 | | (Source: P.A. 86-1363.)"; and
| 18 | | on page 1, by replacing line 5 with "changing Sections 22.8, | 19 | | 37, and 44 as follows:
| 20 | | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| 21 | | Sec. 22.8. Environmental Protection Permit and Inspection | 22 | | Fund.
| 23 | | (a) There is hereby created in the State Treasury a special | 24 | | fund to be known
as the Environmental Protection Permit and |
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| 1 | | Inspection Fund. All fees collected
by the Agency pursuant to | 2 | | this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), | 3 | | 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act | 4 | | or pursuant to Section 22 of the Public Water Supply Operations | 5 | | Act or Section 1011 of the Solid Waste Site Operator | 6 | | Certification Law, as well as
and funds collected under | 7 | | subsection (b.5) of Section 42 of this Act
shall be deposited | 8 | | into the Fund. In addition to any monies appropriated
from the | 9 | | General Revenue Fund, monies in the Fund shall be appropriated
| 10 | | by the General Assembly to the Agency in amounts deemed | 11 | | necessary for
manifest, permit, and inspection activities and | 12 | | for performing its functions, powers, and duties under the | 13 | | Solid Waste Site Operator Certification Law processing | 14 | | requests
under Section 22.2 (j)(6)(E)(v)(IV) .
| 15 | | The General Assembly may appropriate monies in the Fund | 16 | | deemed necessary
for Board regulatory and adjudicatory | 17 | | proceedings.
| 18 | | (a-5) As soon as practicable after the effective date of | 19 | | this amendatory Act of the 98th General Assembly, but no later | 20 | | than January 1, 2014, the State Comptroller shall direct and | 21 | | the State Treasurer shall transfer all monies in the Industrial | 22 | | Hygiene Regulatory and Enforcement Fund to the Environmental | 23 | | Protection Permit and Inspection Fund to be used in accordance | 24 | | with the terms of the Environmental Protection Permit and | 25 | | Inspection Fund. | 26 | | (a-6) As soon as practicable after the effective date of |
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| 1 | | this amendatory Act of the 98th General Assembly, but no later | 2 | | than December 31, 2014, the State Comptroller shall order the | 3 | | transfer of, and the State Treasurer shall transfer, all moneys | 4 | | in the Hazardous Waste Occupational Licensing Fund into the | 5 | | Environmental Protection Permit and Inspection Fund to be used | 6 | | in accordance with the terms of the Environmental Protection | 7 | | Permit and Inspection Fund. | 8 | | (b) The Agency shall collect from the
owner or operator of | 9 | | any of the following types of hazardous waste disposal
sites or | 10 | | management facilities which require a RCRA permit under | 11 | | subsection
(f) of Section 21 of this Act, or a UIC permit under | 12 | | subsection (g) of Section
12 of this Act, an annual fee in the | 13 | | amount of:
| 14 | | (1) $35,000 ($70,000 beginning in 2004)
for a hazardous | 15 | | waste disposal site receiving hazardous
waste if the | 16 | | hazardous waste disposal site is located off the site where
| 17 | | such waste was produced;
| 18 | | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | 19 | | waste disposal site receiving hazardous waste
if the | 20 | | hazardous waste disposal site is located on the site where | 21 | | such
waste was produced;
| 22 | | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | 23 | | waste disposal site receiving hazardous waste
if the | 24 | | hazardous waste disposal site is an underground injection | 25 | | well;
| 26 | | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous |
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| 1 | | waste management facility treating
hazardous waste by | 2 | | incineration;
| 3 | | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | 4 | | waste management facility treating hazardous
waste by a | 5 | | method, technique or process other than incineration;
| 6 | | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | 7 | | waste management facility storing hazardous
waste in a | 8 | | surface impoundment or pile;
| 9 | | (7) $250 ($500 beginning in 2004)
for a hazardous waste | 10 | | management facility storing hazardous
waste other than in a | 11 | | surface impoundment or pile; and
| 12 | | (8) Beginning in 2004, $500 for a large quantity | 13 | | hazardous waste
generator required to submit an annual or | 14 | | biennial report for hazardous waste
generation.
| 15 | | (c) Where two or more operational units are located within | 16 | | a single
hazardous waste disposal site, the Agency shall | 17 | | collect from the owner or
operator of such site an annual fee | 18 | | equal to the highest fee imposed by
subsection (b) of this | 19 | | Section upon any single operational unit within the
site.
| 20 | | (d) The fee imposed upon a hazardous waste disposal site | 21 | | under this
Section shall be the exclusive permit and inspection | 22 | | fee applicable to
hazardous waste disposal at such site, | 23 | | provided that nothing in this
Section shall be construed to | 24 | | diminish or otherwise affect any fee imposed
upon the owner or | 25 | | operator of a hazardous waste disposal site by Section 22.2.
| 26 | | (e) The Agency shall establish procedures, no later than |
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| 1 | | December 1,
1984, relating to the collection of the hazardous | 2 | | waste disposal site
fees authorized by this Section. Such | 3 | | procedures shall include, but not be
limited to the time and | 4 | | manner of payment of fees to the Agency, which
shall be | 5 | | quarterly, payable at the beginning of each quarter for | 6 | | hazardous
waste disposal site fees. Annual fees required under | 7 | | paragraph (7) of
subsection (b) of this Section shall accompany | 8 | | the annual report required
by Board regulations for the | 9 | | calendar year for which the report applies.
| 10 | | (f) For purposes of this Section, a hazardous waste | 11 | | disposal site
consists of one or more of the following | 12 | | operational units:
| 13 | | (1) a landfill receiving hazardous waste for disposal;
| 14 | | (2) a waste pile or surface impoundment, receiving | 15 | | hazardous waste, in
which residues which exhibit any of the | 16 | | characteristics of hazardous waste
pursuant to Board | 17 | | regulations are reasonably expected to remain after | 18 | | closure;
| 19 | | (3) a land treatment facility receiving hazardous | 20 | | waste; or
| 21 | | (4) a well injecting hazardous waste.
| 22 | | (g) The Agency shall assess a fee for each manifest | 23 | | provided by the
Agency. For manifests provided on or after | 24 | | January 1, 1989 but before July 1,
2003, the fee shall be $1 | 25 | | per manifest. For manifests provided on or after
July 1, 2003, | 26 | | the fee shall be $3 per manifest.
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| 1 | | (Source: P.A. 98-78, eff. 7-15-13.)"; and
| 2 | | on page 3, by replacing lines 5 and 6 with the following:
| 3 | | "(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| 4 | | Sec. 44. Criminal acts; penalties.
| 5 | | (a) Except as otherwise provided in this Section, it shall | 6 | | be
a Class A misdemeanor to violate this Act or
regulations | 7 | | thereunder, or any permit or term or condition thereof, or
| 8 | | knowingly to submit any false information under this Act or | 9 | | regulations
adopted thereunder, or under any permit or term or | 10 | | condition thereof.
A court may, in addition to any other | 11 | | penalty herein imposed, order a person
convicted of any | 12 | | violation of this Act to perform
community service for not less | 13 | | than 100 hours and not more than 300 hours if
community service | 14 | | is available in the jurisdiction.
It shall be the duty of all | 15 | | State and local law-enforcement officers to
enforce such Act | 16 | | and regulations, and all such officers shall have
authority to | 17 | | issue citations for such violations.
| 18 | | (b) Calculated Criminal Disposal of Hazardous Waste.
| 19 | | (1) A person commits the offense of Calculated Criminal | 20 | | Disposal of
Hazardous Waste when, without lawful | 21 | | justification, he knowingly disposes
of hazardous waste | 22 | | while knowing that he thereby places another
person in | 23 | | danger of great bodily harm or creates an immediate or |
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| 1 | | long-term
danger to the public health or the environment.
| 2 | | (2) Calculated Criminal Disposal of Hazardous Waste is | 3 | | a Class 2 felony.
In addition to any other penalties | 4 | | prescribed by law, a person convicted
of the offense of | 5 | | Calculated Criminal Disposal of Hazardous Waste is subject
| 6 | | to a fine not to exceed $500,000 for each day of such | 7 | | offense.
| 8 | | (c) Criminal Disposal of Hazardous Waste.
| 9 | | (1) A person commits the offense of Criminal Disposal | 10 | | of Hazardous Waste
when, without lawful justification, he | 11 | | knowingly disposes of hazardous waste.
| 12 | | (2) Criminal Disposal of Hazardous Waste is a Class 3 | 13 | | felony. In addition
to any other penalties prescribed by | 14 | | law, a person convicted of the offense
of Criminal Disposal | 15 | | of Hazardous Waste is subject to a fine not to exceed
| 16 | | $250,000 for each day of such offense.
| 17 | | (d) Unauthorized Use of Hazardous Waste.
| 18 | | (1) A person commits the offense of Unauthorized Use of | 19 | | Hazardous Waste
when he, being required to have a permit, | 20 | | registration, or license under
this Act or any
other law | 21 | | regulating the treatment, transportation, or storage of | 22 | | hazardous
waste, knowingly:
| 23 | | (A) treats, transports, or stores any hazardous | 24 | | waste without such
permit, registration, or license;
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| 1 | | (B) treats, transports, or stores any hazardous | 2 | | waste in violation of
the terms and conditions of such | 3 | | permit or license;
| 4 | | (C) transports any hazardous waste to a facility | 5 | | which does not have a
permit or license required under | 6 | | this Act; or
| 7 | | (D) transports by vehicle any hazardous waste | 8 | | without having in
each vehicle credentials issued to | 9 | | the transporter by the transporter's base
state | 10 | | pursuant to procedures established under the Uniform | 11 | | Program.
| 12 | | (2) A person who is convicted of a violation of | 13 | | subparagraph (A), (B), or (C) of paragraph (1) of this | 14 | | subsection is guilty of a Class 4 felony. A person who
is | 15 | | convicted of a violation of subparagraph (D) of paragraph | 16 | | (1) of this subsection is guilty of a Class A
misdemeanor. | 17 | | In addition to any other penalties prescribed by law, a | 18 | | person
convicted of violating subparagraph (A), (B), or (C) | 19 | | of paragraph (1) of this subsection is subject to
a fine | 20 | | not to exceed $100,000 for each day of such violation, and | 21 | | a
person who is convicted of violating subparagraph (D) of | 22 | | paragraph (1) of this subsection is subject to a
fine not | 23 | | to exceed $1,000.
| 24 | | (e) Unlawful Delivery of Hazardous Waste.
| 25 | | (1) Except as authorized by this Act or the federal |
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| 1 | | Resource
Conservation and Recovery Act, and the | 2 | | regulations promulgated thereunder,
it is unlawful for any | 3 | | person to knowingly deliver hazardous waste.
| 4 | | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | 5 | | felony. In
addition to any other penalties prescribed by | 6 | | law, a person convicted of
the offense of Unlawful Delivery | 7 | | of Hazardous Waste is subject to a fine
not to exceed | 8 | | $250,000 for each such violation.
| 9 | | (3) For purposes of this Section, "deliver" or | 10 | | "delivery" means the
actual, constructive, or attempted | 11 | | transfer of possession of hazardous
waste, with or without | 12 | | consideration, whether or not there is an agency
| 13 | | relationship.
| 14 | | (f) Reckless Disposal of Hazardous Waste.
| 15 | | (1) A person commits Reckless Disposal of Hazardous | 16 | | Waste if he disposes
of hazardous waste, and his acts which | 17 | | cause the hazardous waste to be disposed
of, whether or not | 18 | | those acts are undertaken pursuant to or under color
of any | 19 | | permit or license, are performed with a conscious disregard | 20 | | of a
substantial and unjustifiable risk that such disposing | 21 | | of
hazardous waste is a gross deviation from the standard | 22 | | of care which a
reasonable person would exercise in the | 23 | | situation.
| 24 | | (2) Reckless Disposal of Hazardous Waste is a Class 4 | 25 | | felony. In addition
to any other penalties prescribed by |
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| 1 | | law, a person convicted of the offense
of Reckless Disposal | 2 | | of Hazardous Waste is subject to a fine not to exceed
| 3 | | $50,000 for each day of such offense.
| 4 | | (g) Concealment of Criminal Disposal of Hazardous Waste.
| 5 | | (1) A person commits the offense of Concealment of | 6 | | Criminal Disposal
of Hazardous Waste when he conceals, | 7 | | without lawful justification, the disposal
of hazardous | 8 | | waste with the knowledge that such hazardous waste has been
| 9 | | disposed of in violation of this Act.
| 10 | | (2) Concealment of Criminal Disposal of a Hazardous | 11 | | Waste is a Class
4 felony. In addition to any other | 12 | | penalties prescribed by law, a person
convicted of the | 13 | | offense of Concealment of Criminal Disposal of Hazardous
| 14 | | Waste is subject to a fine not to exceed $50,000 for each | 15 | | day of such offense.
| 16 | | (h) Violations; False Statements.
| 17 | | (1) Any person who knowingly makes a false material | 18 | | statement in an
application for a permit or license | 19 | | required by this Act to treat, transport,
store, or dispose | 20 | | of hazardous waste commits the offense of perjury and
shall | 21 | | be subject to the penalties set forth in Section 32-2 of | 22 | | the Criminal
Code of 2012.
| 23 | | (2) Any person who knowingly makes a false material | 24 | | statement or
representation in any label, manifest, |
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| 1 | | record, report, permit or license,
or other document filed, | 2 | | maintained, or used for the purpose of compliance
with this | 3 | | Act in connection with the generation, disposal, | 4 | | treatment,
storage, or transportation of hazardous waste | 5 | | commits a Class 4 felony. A
second or any subsequent | 6 | | offense after conviction hereunder is a Class 3
felony.
| 7 | | (3) Any person who knowingly destroys, alters, or | 8 | | conceals any record
required to be made by this Act in | 9 | | connection with the disposal, treatment,
storage, or | 10 | | transportation of hazardous waste commits a Class 4 felony.
| 11 | | A second or any subsequent offense after a conviction | 12 | | hereunder is a
Class 3 felony.
| 13 | | (4) Any person who knowingly makes a false material | 14 | | statement or
representation in any application, bill, | 15 | | invoice, or other document filed,
maintained, or used for | 16 | | the purpose of receiving money from the Underground
Storage | 17 | | Tank Fund commits a Class 4 felony. A second or any | 18 | | subsequent
offense after conviction hereunder is a Class 3 | 19 | | felony.
| 20 | | (4.5) Any person who knowingly makes a false material | 21 | | statement or representation in any label, manifest, | 22 | | record, report, permit or license, or other document filed, | 23 | | maintained, or used for the purpose of compliance with | 24 | | Title XVI of this Act commits a Class 4 felony. Any second | 25 | | or subsequent offense after conviction hereunder is a Class | 26 | | 3 felony.
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| 1 | | (5) Any person who knowingly destroys, alters, or | 2 | | conceals any record
required to be made or maintained by | 3 | | this Act or required to be made or
maintained by Board or | 4 | | Agency rules for the purpose of receiving money from
the | 5 | | Underground Storage Tank Fund commits a Class 4 felony. A | 6 | | second or any
subsequent offense after a conviction | 7 | | hereunder is a Class 3 felony.
| 8 | | (6) A person who knowingly and falsely certifies under | 9 | | Section 22.48
that an industrial process waste or pollution | 10 | | control waste is not special
waste commits a Class 4 felony | 11 | | for a first offense and commits a Class 3 felony
for a | 12 | | second or subsequent offense.
| 13 | | (7) In addition to any other penalties prescribed by | 14 | | law, a person
convicted of violating this subsection (h) is | 15 | | subject to a fine not to
exceed $50,000 for each day of | 16 | | such violation.
| 17 | | (8) Any person who knowingly makes a false, fictitious, | 18 | | or fraudulent material statement, orally or in writing, to | 19 | | the Agency, or to a unit of local government to which the | 20 | | Agency has delegated authority under subsection (r) of | 21 | | Section 4 of this Act, related to or required by this Act, | 22 | | a regulation adopted under this Act, any federal law or | 23 | | regulation for which the Agency has responsibility, or any | 24 | | permit, term, or condition thereof, commits a Class 4 | 25 | | felony, and each such statement or writing shall be | 26 | | considered a separate Class 4 felony. A person who, after |
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| 1 | | being convicted under this paragraph (8), violates this | 2 | | paragraph (8) a second or subsequent time, commits a Class | 3 | | 3 felony.
| 4 | | (i) Verification.
| 5 | | (1) Each application for a permit or license to dispose
| 6 | | of, transport, treat, store, or generate hazardous waste | 7 | | under this Act
shall contain an affirmation that the facts | 8 | | are true and are made under
penalty of perjury as defined | 9 | | in Section 32-2 of the Criminal Code of 2012.
It is perjury | 10 | | for a person to sign any such application for a permit or
| 11 | | license which contains a false material statement, which he | 12 | | does not believe
to be true.
| 13 | | (2) Each request for money from the Underground Storage | 14 | | Tank Fund
shall contain an affirmation that the facts are | 15 | | true and are made under
penalty of perjury as defined in | 16 | | Section 32-2 of the Criminal Code of 2012.
It is perjury | 17 | | for a person to sign any request that contains a false
| 18 | | material statement that he does not believe to be true.
| 19 | | (j) Violations of Other Provisions.
| 20 | | (1) It is unlawful for a person knowingly to violate:
| 21 | | (A) subsection (f) of Section 12 of this Act;
| 22 | | (B) subsection (g) of Section 12 of this Act;
| 23 | | (C) any term or condition of any Underground | 24 | | Injection Control (UIC)
permit;
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| 1 | | (D) any filing requirement, regulation, or order | 2 | | relating to the State
Underground Injection Control | 3 | | (UIC) program;
| 4 | | (E) any provision of any regulation, standard, or | 5 | | filing requirement
under subsection (b) of Section 13 | 6 | | of this Act;
| 7 | | (F) any provision of any regulation, standard, or | 8 | | filing requirement
under subsection (b) of Section 39 | 9 | | of this Act;
| 10 | | (G) any National Pollutant Discharge Elimination | 11 | | System (NPDES) permit
issued under this Act or any term | 12 | | or condition of such permit;
| 13 | | (H) subsection (h) of Section 12 of this Act;
| 14 | | (I) subsection 6 of Section 39.5 of this Act;
| 15 | | (J) any provision of any regulation, standard or | 16 | | filing requirement
under Section 39.5 of this Act;
| 17 | | (K) a provision of the Procedures for Asbestos | 18 | | Emission Control in
subsection (c) of
Section 61.145 of | 19 | | Title 40 of the Code of Federal Regulations; or | 20 | | (L) the standard for waste disposal for | 21 | | manufacturing, fabricating, demolition, renovation, | 22 | | and spraying operations in Section 61.150 of Title 40 | 23 | | of the Code of Federal Regulations.
| 24 | | (2) A person convicted of a violation of subdivision | 25 | | (1) of this
subsection commits a Class 4 felony, and in | 26 | | addition to any other penalty
prescribed by law is subject |
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| 1 | | to a fine not to exceed $25,000 for each day
of such | 2 | | violation.
| 3 | | (3) A person who negligently violates the following | 4 | | shall be subject
to a fine not to exceed $10,000 for each | 5 | | day of such violation:
| 6 | | (A) subsection (f) of Section 12 of this Act;
| 7 | | (B) subsection (g) of Section 12 of this Act;
| 8 | | (C) any provision of any regulation, standard, or | 9 | | filing requirement
under subsection (b) of Section 13 | 10 | | of this Act;
| 11 | | (D) any provision of any regulation, standard, or | 12 | | filing requirement
under subsection (b) of Section 39 | 13 | | of this Act;
| 14 | | (E) any National Pollutant Discharge Elimination | 15 | | System (NPDES) permit
issued under this Act;
| 16 | | (F) subsection 6 of Section 39.5 of this Act; or
| 17 | | (G) any provision of any regulation, standard, or | 18 | | filing requirement
under Section 39.5 of this Act.
| 19 | | (4) It is unlawful for a person knowingly to:
| 20 | | (A) make any false statement, representation, or | 21 | | certification
in an application form, or form | 22 | | pertaining to, a National Pollutant Discharge
| 23 | | Elimination System (NPDES) permit;
| 24 | | (B) render inaccurate any monitoring device or | 25 | | record required by the
Agency or Board in connection | 26 | | with any such permit or with any discharge
which is |
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| 1 | | subject to the provisions of subsection (f) of Section | 2 | | 12 of this
Act;
| 3 | | (C) make any false statement, representation, or | 4 | | certification in any
form, notice, or report | 5 | | pertaining to a CAAPP permit under Section 39.5 of this
| 6 | | Act;
| 7 | | (D) render inaccurate any monitoring device or | 8 | | record required by
the Agency or Board in connection | 9 | | with any CAAPP permit or with any
emission which is | 10 | | subject to the provisions of Section 39.5 of this Act; | 11 | | or
| 12 | | (E) violate subsection 6 of Section 39.5 of this | 13 | | Act or any CAAPP
permit, or term or condition thereof, | 14 | | or any fee or filing requirement.
| 15 | | (5) A person convicted of a violation of paragraph (4) | 16 | | of this
subsection commits a Class A misdemeanor, and in | 17 | | addition to any other
penalties provided by law is subject | 18 | | to a fine not to exceed $10,000 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 (A) of
paragraph (1) of this subsection is | 9 | | guilty of a Class 4 felony for a first
offense
and, in
| 10 | | addition to any other penalties provided by law, is subject | 11 | | to a fine not to
exceed $25,000 for each day of violation.
| 12 | | A person who is convicted of a violation of subparagraph | 13 | | (A) of paragraph (1) of this
subsection is guilty of a | 14 | | Class 3 felony for a second or subsequent offense
and, in | 15 | | addition to any other penalties provided by law, is subject | 16 | | to a fine
not to exceed $50,000 for each day of violation.
| 17 | | (B) A person who is convicted of a
violation of | 18 | | subparagraph (B) of paragraph
(1) of this subsection is | 19 | | guilty of a Class A misdemeanor.
However, a person who | 20 | | is convicted of a violation of subparagraph
(B) of
| 21 | | paragraph (1) of this
subsection for the open dumping | 22 | | of waste in a quantity that exceeds 250 cubic
feet or | 23 | | that exceeds 50 waste tires is guilty of a Class 4 | 24 | | felony
and, in
addition to any other penalties provided | 25 | | by law, is subject to a fine not to
exceed $25,000 for | 26 | | each day of violation.
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| 1 | | (q) Criminal Damage to a Public Water Supply. | 2 | | (1) A person commits the offense of Criminal Damage to | 3 | | a Public Water Supply when, without lawful justification, | 4 | | he knowingly alters, damages, or otherwise tampers with the | 5 | | equipment or property of a public water supply, or | 6 | | knowingly introduces a contaminant into the distribution | 7 | | system of a public water supply so as to cause, threaten, | 8 | | or allow the distribution of water from any public water | 9 | | supply of such quality or quantity as to be injurious to | 10 | | human health or the environment. | 11 | | (2) Criminal Damage to a Public Water Supply is a Class | 12 | | 4 felony. In addition to any other penalties prescribed by | 13 | | law, a person convicted of the offense of Criminal Damage | 14 | | to a Public Water Supply is subject to a fine not to exceed | 15 | | $250,000 for each day of such offense. | 16 | | (r) Aggravated Criminal Damage to a Public Water Supply. | 17 | | (1) A person commits the offense of Aggravated Criminal | 18 | | Damage to a Public Water Supply when, without lawful | 19 | | justification, he commits Criminal Damage to a Public Water | 20 | | Supply while knowing that he thereby places another person | 21 | | in danger of serious illness or great bodily harm, or | 22 | | creates an immediate or long-term danger to public health | 23 | | or the environment. | 24 | | (2) Aggravated Criminal Damage to a Public Water Supply |
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| 1 | | is a Class 2 felony. In addition to any other penalties | 2 | | prescribed by law, a person convicted of the offense of | 3 | | Aggravated Criminal Damage to a Public Water Supply is | 4 | | subject to a fine not to exceed $500,000 for each day of | 5 | | such offense. | 6 | | (Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; | 7 | | 97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. | 8 | | 1-25-13.)
| 9 | | (415 ILCS 5/57.17 rep.)
| 10 | | Section 8. The Environmental Protection Act is amended by | 11 | | repealing Section 57.17. | 12 | | Section 10. The Public Water Supply Operations Act is | 13 | | amended by changing Sections 1 and 13 and by adding Section 5.1 | 14 | | as follows:
| 15 | | (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
| 16 | | Sec. 1.
(1) In order to safeguard the health and well-being | 17 | | well being of the
populace, every community water supply in | 18 | | Illinois shall have on its
operational staff at least one | 19 | | natural person certified as competent as
a water supply | 20 | | operator under the provisions of this Act.
| 21 | | Except for exempt community water supplies as specified in | 22 | | Section 9.1 of
this Act, all portions of a community water | 23 | | supply system shall be under the
direct supervision of a |
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| 1 | | properly certified community water supply operator.
| 2 | | (2) The following class requirements apply:
| 3 | | (a) Each Class A community water supply which includes | 4 | | coagulation, lime
softening, or sedimentation as a part of | 5 | | its primary treatment shall have in
its employ at least one | 6 | | natural person certified as competent as a Class A
| 7 | | community water supply operator. This includes all surface | 8 | | water community
water supplies.
| 9 | | (b) Each Class B community water supply which includes | 10 | | filtration, aeration and
filtration, or ion exchange | 11 | | equipment as a part of its primary treatment
shall have in | 12 | | its employ at least one natural person certified as | 13 | | competent
as a Class B or Class A community water supply | 14 | | operator.
| 15 | | (c) Each Class C community water supply which utilizes | 16 | | chemical feeding only
shall have in its employ at least one | 17 | | natural person certified as competent
as a Class C, Class | 18 | | B, or Class A community water supply operator.
| 19 | | (d) Each Class D community water supply in which the | 20 | | facilities are limited to
pumpage, storage, or | 21 | | distribution shall have in its employ at least one
natural | 22 | | person certified as competent as a Class D, Class C, Class | 23 | | B, or
Class A community water supply operator.
| 24 | | (2.5) The Agency may adopt rules that classify or | 25 | | reclassify community water supplies as Class A, Class B, Class | 26 | | C, or Class D community water supplies. A community water |
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| 1 | | supply that cannot be clearly classified under Section 5.1 or | 2 | | Agency rules shall grouped
according to this Section will be | 3 | | considered individually and
designated , in writing, by the | 4 | | Agency, as a Class A, Class B, Class C, or Class D community | 5 | | water supply within one of the above groups by the Agency . | 6 | | Classifications made under this subsection (2.5) shall This
| 7 | | determination will be based on the nature of the community | 8 | | water
supply and on the education and experience necessary to | 9 | | operate it.
| 10 | | (3) A community water supply may satisfy the requirements | 11 | | of this
Section by contracting the services of a properly | 12 | | qualified certified operator
of the required class or higher , | 13 | | as specified in subsection (2) . A
written agreement to this | 14 | | effect must be on file with the Agency certifying
that such an | 15 | | agreement exists, and delegating responsibility and authority
| 16 | | to the contracted party. This written agreement shall be signed | 17 | | by both the
certified operator to be contracted and the | 18 | | responsible community water
supply owner or official custodian | 19 | | and must be approved in writing by the
Agency.
| 20 | | (Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16, | 21 | | eff.
6-28-01.)
| 22 | | (415 ILCS 45/5.1 new) | 23 | | Sec. 5.1. Class definitions. Except as otherwise provided | 24 | | by Agency rules adopted pursuant to subsection (2.5) of Section | 25 | | 1 of this Act: |
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| 1 | | "Class A community water supply" means (i) any surface | 2 | | water community water supply and (ii) any community water | 3 | | supply that includes coagulation, lime softening, ultraviolet | 4 | | disinfection, membrane filtration, or sedimentation as a part | 5 | | of its primary treatment. | 6 | | "Class B community water supply" means any community water | 7 | | supply that includes filtration (other than membrane | 8 | | filtration), aeration and filtration (other than membrane | 9 | | filtration), or ion exchange equipment as a part of its primary | 10 | | treatment. | 11 | | "Class C community water supply" means any community water | 12 | | supply that uses chemical feeding as its only form of | 13 | | treatment. | 14 | | "Class D community water supply" means any community water | 15 | | supply that has only pumpage, storage, or distribution | 16 | | facilities.
| 17 | | (415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
| 18 | | Sec. 13.
Community Water Supply Operators shall be | 19 | | certified in accordance with the
following classifications:
| 20 | | (a) A "Class A" Water Supply Operator Certificate shall be | 21 | | issued to
those persons who, in accordance with the provisions | 22 | | of Sections 1 through
23 of this Act, demonstrate the necessary | 23 | | skills, knowledge, ability, and
judgment that are necessary to | 24 | | operate a Class A community water supply in a manner that will | 25 | | provide safe, potable water for human consumption, as well as |
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| 1 | | the skills, knowledge, ability, and judgment necessary to | 2 | | operate Class B, Class C, and Class D community water supplies | 3 | | of the chemical,
biological, and physical sciences essential to | 4 | | the practical mechanics of
coagulation, lime softening, and | 5 | | sedimentation, and distribution in a
manner that which will | 6 | | provide safe, potable water for human consumption. This
| 7 | | includes all surface water community water supplies. The | 8 | | operators
will also demonstrate the necessary skills, | 9 | | knowledge, ability, and judgment
of the treatment processes
| 10 | | outlined in Sections 13 (b),
13 (c), and 13 (d) of this Act.
| 11 | | (b) A "Class B" Water Supply Operator Certificate shall be | 12 | | issued to
those persons who, in accordance with the provisions | 13 | | of Section 1 through
23 of this Act, demonstrate the necessary | 14 | | skills, knowledge, ability, and
judgment that are necessary to | 15 | | operate a Class B community water supply in a manner that will | 16 | | provide safe, potable water for human consumption, as well as | 17 | | the skills, knowledge, ability, and judgment necessary to | 18 | | operate Class C and Class D community water supplies of the | 19 | | chemical,
biological, and physical sciences essential to the | 20 | | practical mechanics of
filtration, aeration and filtration, | 21 | | and ion exchange systems, and
distribution in a manner that | 22 | | which will provide safe, potable water for human
consumption. | 23 | | The operators will also demonstrate the necessary
skills, | 24 | | knowledge, ability, and judgment of the treatment processes | 25 | | outlined in
Sections 13 (c) and 13 (d) of this Act.
| 26 | | (c) A "Class C" Water Supply Operator Certificate shall be |
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| 1 | | issued to
those persons who, in accordance with the provisions | 2 | | of Sections 1 through
23 of this Act, demonstrate the necessary | 3 | | skills, knowledge, ability, and
judgment that are necessary to | 4 | | operate a Class C community water supply in a manner that will | 5 | | provide safe, potable water for human consumption, as well as | 6 | | the skills, knowledge, ability, and judgment 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
chemical feeding and disinfection and | 10 | | distribution in a manner that which will
provide safe, potable | 11 | | water for human consumption. The operators
will also | 12 | | demonstrate the necessary skills, knowledge, ability, and | 13 | | judgment
of the treatment processes outlined in Section 13 (d) | 14 | | of this Act.
| 15 | | (d) A "Class D" Water Supply Operator Certificate shall be | 16 | | issued to
those persons who, in accordance with the provisions | 17 | | of Sections 1 through
23 of this Act, demonstrate the necessary | 18 | | skills, knowledge, ability, and
judgment that are necessary to | 19 | | operate a Class D community water supply of the chemical,
| 20 | | biological, and physical sciences essential to the practical | 21 | | mechanics of
pumpage, storage, and distribution in a manner | 22 | | that which will provide safe,
potable water for human | 23 | | consumption.
| 24 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 25 | | (525 ILCS 25/10 rep.) |
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| 1 | | Section 30. The Illinois Lake Management Program Act is | 2 | | amended by repealing Section 10.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law, except that Section 2 takes effect on January 1, | 5 | | 2015.".
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