Full Text of SB0100 97th General Assembly
SB0100enr 97TH GENERAL ASSEMBLY |
| | SB0100 Enrolled | | LRB097 00454 JDS 40472 b |
|
| 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 Industrial Hygienists Licensure Act is | 5 | | amended by changing Section 35 as follows:
| 6 | | (225 ILCS 52/35)
| 7 | | Sec. 35. Industrial Hygiene Examining Board.
| 8 | | (1) The Director shall appoint an Industrial Hygiene | 9 | | Examining Board
consisting of 5 persons who shall serve in an | 10 | | advisory capacity to the
Director. The Board shall be composed | 11 | | of 4 certified or licensed industrial
hygienists, one of whom | 12 | | shall serve as the chairperson, and one member of the
public | 13 | | who is not regulated under this Act or a similar Act and who | 14 | | clearly
represent consumer interests.
| 15 | | (2) Members shall serve for a term of 4 years and until | 16 | | their successors
are appointed and qualified, except for the | 17 | | initial appointments. Of the
initial appointments one member | 18 | | shall be appointed for one year, one shall be
appointed to | 19 | | serve 2 years, one shall be appointed to serve 3 years, and 2
| 20 | | shall be appointed to serve for 4 years, and until their | 21 | | successors are
appointed and qualified. No member shall be | 22 | | reappointed if that reappointment
would cause that person's | 23 | | service on the Board to be longer than 8 successive
years. |
| | | SB0100 Enrolled | - 2 - | LRB097 00454 JDS 40472 b |
|
| 1 | | Appointments to fill vacancies for the unexpired portion of a | 2 | | vacated
term shall be made in the same manner as original | 3 | | appointments. Initial terms
shall begin 30 days after the | 4 | | effective date of this Act.
| 5 | | (3) The Director may terminate the appointment of any | 6 | | member for cause
set forth in writing which, in the opinion of | 7 | | the Director, justifies
termination.
| 8 | | (4) The Director shall consider the recommendation of the | 9 | | Board on all
matters and questions relating to this Act.
| 10 | | (5) The Board is charged with the duties and | 11 | | responsibilities of
recommending to the Director the adoption | 12 | | of all policies, procedures, and
rules which may be required or | 13 | | deemed advisable in order to perform the
duties and functions | 14 | | conferred on the Board, the Director, and the
Department to | 15 | | carry out the provisions of this Act. | 16 | | (6) The Board shall meet at the call of the Director.
| 17 | | (Source: P.A. 88-414.)
| 18 | | Section 10. The Environmental Protection Act is amended by | 19 | | changing Sections 17.7, 21, 22.2, 44, and 47 and adding Section | 20 | | 22.50a as follows:
| 21 | | (415 ILCS 5/17.7) (from Ch. 111 1/2, par. 1017.7)
| 22 | | Sec. 17.7. Community water supply testing fee.
| 23 | | (a) The Agency shall collect an annual nonrefundable | 24 | | testing fee from each
community water supply for participating |
| | | SB0100 Enrolled | - 3 - | LRB097 00454 JDS 40472 b |
|
| 1 | | in the laboratory fee program for
analytical services to | 2 | | determine compliance with contaminant levels specified
in | 3 | | State or federal drinking water regulations. A community water | 4 | | supply may
commit to participation in the laboratory fee | 5 | | program. If the community water
supply makes such a commitment, | 6 | | it shall commit for a period consistent with
the participation | 7 | | requirements established by the Agency and the Community
Water | 8 | | Supply Testing Council (Council). If a community water supply | 9 | | elects not
to participate, it must annually notify the Agency | 10 | | in writing of its decision
not to participate in the laboratory | 11 | | fee program.
| 12 | | (b) The Agency , with the concurrence of the Council, shall | 13 | | determine the fee
for participating in the laboratory fee | 14 | | program for analytical services. The
Agency , with the | 15 | | concurrence of the Council, may establish multi-year
| 16 | | participation requirements for community water supplies and | 17 | | establish fees
accordingly. The Agency shall base its annual | 18 | | fee determination upon the actual
and anticipated costs for | 19 | | testing under State and federal drinking water
regulations and | 20 | | the associated administrative costs of the Agency and the
| 21 | | Council. By October 1 of each year, the Agency shall submit its | 22 | | fee
determination and supporting documentation for the | 23 | | forthcoming year to the
Council. Before the following January | 24 | | 1, the Council shall hold at least one
regular meeting to | 25 | | consider the Agency's determination. If the Council concurs
| 26 | | with the Agency's determination, it shall thereupon take |
| | | SB0100 Enrolled | - 4 - | LRB097 00454 JDS 40472 b |
|
| 1 | | effect. The Agency and
the Council may establish procedures for | 2 | | resolution of disputes in the event
the Council does not concur | 3 | | with the Agency's fee determination.
| 4 | | (c) Community water supplies that choose not to participate | 5 | | in the
laboratory fee program or do not pay the fees shall have | 6 | | the duty to analyze
all drinking water samples as required by | 7 | | State or federal safe drinking water
regulations established | 8 | | after the federal Safe Drinking Water Act Amendments of
1986.
| 9 | | (d) There is hereby created in the State Treasury an | 10 | | interest-bearing
special fund to be known as the Community | 11 | | Water Supply Laboratory Fund. All
fees collected by the Agency | 12 | | under this Section shall be deposited into this
Fund and shall | 13 | | be used for no other purpose except those established in this
| 14 | | Section. In addition to any monies appropriated from the | 15 | | General Revenue Fund,
monies in the Fund shall be appropriated | 16 | | to the Agency in amounts deemed
necessary for laboratory | 17 | | testing of samples from community water supplies, and
for the | 18 | | associated administrative expenses of the Agency and the | 19 | | Council.
| 20 | | (e) The Agency is authorized to adopt reasonable and | 21 | | necessary rules
for the administration of this Section. The | 22 | | Agency shall submit the
proposed rules for review by the | 23 | | Council before submission of the
rulemaking for the First | 24 | | Notice under Section 5-40 of the Illinois
Administrative | 25 | | Procedure Act.
| 26 | | (f) The Director shall establish a Community Water Supply |
| | | SB0100 Enrolled | - 5 - | LRB097 00454 JDS 40472 b |
|
| 1 | | Testing Council,
consisting of 5 persons who are elected | 2 | | municipal officials, 5 persons
representing community water | 3 | | supplies, one person representing the engineering
profession, | 4 | | one person representing investor-owned utilities, one person
| 5 | | representing the Illinois Association of Environmental | 6 | | Laboratories, and 2
persons
representing municipalities and | 7 | | community water supplies on a statewide basis,
all appointed by | 8 | | the Director. Beginning in 1994, the Director shall appoint
the | 9 | | following to the Council: (i) 2 elected municipal officials, 2 | 10 | | community
water supply representatives, and 1 investor-owned | 11 | | utility representative, each
for a one-year term; (ii) 2 | 12 | | elected municipal officials and 2 community water
supply | 13 | | representatives, each for a 2 year term; and (iii) one elected
| 14 | | municipal official, one community water supply representative, | 15 | | one person
representing the engineering profession, and 2 | 16 | | persons representing
municipalities and community water | 17 | | supplies on a statewide basis, each for
a 3 year term.
As soon | 18 | | as possible after the effective date of this amendatory Act of | 19 | | the
92nd General Assembly, the Director shall appoint one
| 20 | | person representing the Illinois Association of
Environmental | 21 | | Laboratories to a term of 3 years.
Thereafter, the Director | 22 | | shall appoint successors in
each position to 3 year terms. In | 23 | | case of a vacancy, the Director may
appoint a successor to fill | 24 | | the remaining term of the vacancy. Members of
the Council shall | 25 | | serve until a successor is appointed by the Director.
The | 26 | | Council shall select from its members a chairperson and such |
| | | SB0100 Enrolled | - 6 - | LRB097 00454 JDS 40472 b |
|
| 1 | | other officers
as it deems necessary. The Council shall meet at | 2 | | the call of the Director or the Chairperson of the Council hold | 3 | | at least 2 regular meetings each
year . The Agency shall provide | 4 | | the Council with such supporting services as
the Director and | 5 | | the Chairperson may designate, and members shall be reimbursed
| 6 | | for ordinary and necessary expenses incurred in the performance | 7 | | of their
duties. The Council shall have the following duties:
| 8 | | (1) to consider any fee determinations submitted by the | 9 | | Agency pursuant
to subsection (b) of this Section, and to | 10 | | hold regular and special meetings at
a time and place | 11 | | designated by the Director or the Chairperson of the | 12 | | Council;
| 13 | | (2) to consider appropriate means for long-term | 14 | | financial support of
water supply testing, and to make | 15 | | recommendations to the Agency regarding a
preferred | 16 | | approach;
| 17 | | (3) to review and evaluate the financial implications | 18 | | of current and
future federal requirements for monitoring | 19 | | of public water supplies;
| 20 | | (4) to review and evaluate management and financial | 21 | | audit reports related
to the testing program, and to make | 22 | | recommendations regarding the Agency's
efforts to | 23 | | implement the fee system and testing provided for by this | 24 | | Section;
| 25 | | (5) to require an external audit as may be deemed | 26 | | necessary by the
Council; and
|
| | | SB0100 Enrolled | - 7 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (6) to conduct such other activities as may be deemed | 2 | | appropriate by the
Director.
| 3 | | (Source: P.A. 92-147, eff. 7-24-01.)
| 4 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 5 | | Sec. 21. Prohibited acts. No person shall:
| 6 | | (a) Cause or allow the open dumping of any waste.
| 7 | | (b) Abandon, dump, or deposit any waste upon the public | 8 | | highways or
other public property, except in a sanitary | 9 | | landfill approved by the
Agency pursuant to regulations adopted | 10 | | by the Board.
| 11 | | (c) Abandon any vehicle in violation of the "Abandoned | 12 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 13 | | the 76th General
Assembly.
| 14 | | (d) Conduct any waste-storage, waste-treatment, or | 15 | | waste-disposal
operation:
| 16 | | (1) without a permit granted by the Agency or in | 17 | | violation of any
conditions imposed by such permit, | 18 | | including periodic reports and full
access to adequate | 19 | | records and the inspection of facilities, as may be
| 20 | | necessary to assure compliance with this Act and with | 21 | | regulations and
standards adopted thereunder; provided, | 22 | | however, that, except for municipal
solid waste landfill | 23 | | units that receive waste on or after October 9, 1993,
no | 24 | | permit shall be
required for (i) any person conducting a | 25 | | waste-storage, waste-treatment, or
waste-disposal |
| | | SB0100 Enrolled | - 8 - | LRB097 00454 JDS 40472 b |
|
| 1 | | operation for wastes generated by such person's own
| 2 | | activities which are stored, treated, or disposed within | 3 | | the site where
such wastes are generated, or (ii)
a | 4 | | facility located in a county with a
population over 700,000 | 5 | | as of January 1, 2000, operated and located in accordance | 6 | | with
Section 22.38 of this Act, and used exclusively for | 7 | | the transfer, storage, or
treatment of general | 8 | | construction or demolition debris, provided that the | 9 | | facility was receiving construction or demolition debris | 10 | | on the effective date of this amendatory Act of the 96th | 11 | | General Assembly;
| 12 | | (2) in violation of any regulations or standards | 13 | | adopted by the
Board under this Act; or
| 14 | | (3) which receives waste after August 31, 1988, does | 15 | | not have a permit
issued by the Agency, and is (i) a | 16 | | landfill used exclusively for the
disposal of waste | 17 | | generated at the site, (ii) a surface impoundment
receiving | 18 | | special waste not listed in an NPDES permit, (iii) a waste | 19 | | pile
in which the total volume of waste is greater than 100 | 20 | | cubic yards or the
waste is stored for over one year, or | 21 | | (iv) a land treatment facility
receiving special waste | 22 | | generated at the site; without giving notice of the
| 23 | | operation to the Agency by January 1, 1989, or 30 days | 24 | | after the date on
which the operation commences, whichever | 25 | | is later, and every 3 years
thereafter. The form for such | 26 | | notification shall be specified by the
Agency, and shall be |
| | | SB0100 Enrolled | - 9 - | LRB097 00454 JDS 40472 b |
|
| 1 | | limited to information regarding: the name and address
of | 2 | | the location of the operation; the type of operation; the | 3 | | types and
amounts of waste stored, treated or disposed of | 4 | | on an annual basis; the
remaining capacity of the | 5 | | operation; and the remaining expected life of
the | 6 | | operation.
| 7 | | Item (3) of this subsection (d) shall not apply to any | 8 | | person
engaged in agricultural activity who is disposing of a | 9 | | substance that
constitutes solid waste, if the substance was | 10 | | acquired for use by that
person on his own property, and the | 11 | | substance is disposed of on his own
property in accordance with | 12 | | regulations or standards adopted by the Board.
| 13 | | This subsection (d) shall not apply to hazardous waste.
| 14 | | (e) Dispose, treat, store or abandon any waste, or | 15 | | transport any waste
into this State for disposal, treatment, | 16 | | storage or abandonment, except at
a site or facility which | 17 | | meets the requirements of this Act and of
regulations and | 18 | | standards thereunder.
| 19 | | (f) Conduct any hazardous waste-storage, hazardous | 20 | | waste-treatment or
hazardous waste-disposal operation:
| 21 | | (1) without a RCRA permit for the site issued by the | 22 | | Agency under
subsection (d) of Section 39 of this Act, or | 23 | | in violation of any condition
imposed by such permit, | 24 | | including periodic reports and full access to
adequate | 25 | | records and the inspection of facilities, as may be | 26 | | necessary to
assure compliance with this Act and with |
| | | SB0100 Enrolled | - 10 - | LRB097 00454 JDS 40472 b |
|
| 1 | | regulations and standards adopted
thereunder; or
| 2 | | (2) in violation of any regulations or standards | 3 | | adopted by the Board
under this Act; or
| 4 | | (3) in violation of any RCRA permit filing requirement | 5 | | established under
standards adopted by the Board under this | 6 | | Act; or
| 7 | | (4) in violation of any order adopted by the Board | 8 | | under this Act.
| 9 | | Notwithstanding the above, no RCRA permit shall be required | 10 | | under this
subsection or subsection (d) of Section 39 of this | 11 | | Act for any
person engaged in agricultural activity who is | 12 | | disposing of a substance
which has been identified as a | 13 | | hazardous waste, and which has been
designated by Board | 14 | | regulations as being subject to this exception, if the
| 15 | | substance was acquired for use by that person on his own | 16 | | property and the
substance is disposed of on his own property | 17 | | in accordance with regulations
or standards adopted by the | 18 | | Board.
| 19 | | (g) Conduct any hazardous waste-transportation operation:
| 20 | | (1) without registering with and obtaining a special | 21 | | waste hauling permit from the Agency in
accordance with the | 22 | | regulations adopted by the Board under this Act Uniform | 23 | | Program implemented under subsection (l-5) of
Section | 24 | | 22.2 ; or
| 25 | | (2) in violation of any regulations or standards | 26 | | adopted by
the
Board under this Act.
|
| | | SB0100 Enrolled | - 11 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (h) Conduct any hazardous waste-recycling or hazardous | 2 | | waste-reclamation
or hazardous waste-reuse operation in | 3 | | violation of any regulations, standards
or permit requirements | 4 | | adopted by the Board under this Act.
| 5 | | (i) Conduct any process or engage in any act which produces | 6 | | hazardous
waste in violation of any regulations or standards | 7 | | adopted by the Board
under subsections (a) and (c) of Section | 8 | | 22.4 of this Act.
| 9 | | (j) Conduct any special waste transportation operation in | 10 | | violation
of any regulations, standards or permit requirements | 11 | | adopted by the Board
under this Act. However, sludge from a | 12 | | water or sewage treatment plant
owned and operated by a unit of | 13 | | local government which (1) is subject to a
sludge management | 14 | | plan approved by the Agency or a permit granted by the
Agency, | 15 | | and (2) has been tested and determined not to be a hazardous | 16 | | waste
as required by applicable State and federal laws and | 17 | | regulations, may be
transported in this State without a special | 18 | | waste hauling permit, and the
preparation and carrying of a | 19 | | manifest shall not be required for such
sludge under the rules | 20 | | of the Pollution Control Board. The unit of local
government | 21 | | which operates the treatment plant producing such sludge shall
| 22 | | file a semiannual report with the Agency identifying the volume | 23 | | of such
sludge transported during the reporting period, the | 24 | | hauler of the sludge,
and the disposal sites to which it was | 25 | | transported. This subsection (j)
shall not apply to hazardous | 26 | | waste.
|
| | | SB0100 Enrolled | - 12 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 2 | | (l) Locate a hazardous waste disposal site above an active | 3 | | or
inactive shaft or tunneled mine or within 2 miles of an | 4 | | active fault in
the earth's crust. In counties of population | 5 | | less than 225,000 no
hazardous waste disposal site shall be | 6 | | located (1) within 1 1/2 miles of
the corporate limits as | 7 | | defined on June 30, 1978, of any municipality
without the | 8 | | approval of the governing body of the municipality in an
| 9 | | official action; or (2) within 1000 feet of an existing private | 10 | | well or
the existing source of a public water supply measured | 11 | | from the boundary
of the actual active permitted site and | 12 | | excluding existing private wells
on the property of the permit | 13 | | applicant. The provisions of this
subsection do not apply to | 14 | | publicly-owned sewage works or the disposal
or utilization of | 15 | | sludge from publicly-owned sewage works.
| 16 | | (m) Transfer interest in any land which has been used as a
| 17 | | hazardous waste disposal site without written notification to | 18 | | the Agency
of the transfer and to the transferee of the | 19 | | conditions imposed by the Agency
upon its use under subsection | 20 | | (g) of Section 39.
| 21 | | (n) Use any land which has been used as a hazardous waste
| 22 | | disposal site except in compliance with conditions imposed by | 23 | | the Agency
under subsection (g) of Section 39.
| 24 | | (o) Conduct a sanitary landfill operation which is required | 25 | | to have a
permit under subsection (d) of this Section, in a | 26 | | manner which results in
any of the following conditions:
|
| | | SB0100 Enrolled | - 13 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (1) refuse in standing or flowing waters;
| 2 | | (2) leachate flows entering waters of the State;
| 3 | | (3) leachate flows exiting the landfill confines (as | 4 | | determined by the
boundaries established for the landfill | 5 | | by a permit issued by the Agency);
| 6 | | (4) open burning of refuse in violation of Section 9 of | 7 | | this Act;
| 8 | | (5) uncovered refuse remaining from any previous | 9 | | operating day or at the
conclusion of any operating day, | 10 | | unless authorized by permit;
| 11 | | (6) failure to provide final cover within time limits | 12 | | established by
Board regulations;
| 13 | | (7) acceptance of wastes without necessary permits;
| 14 | | (8) scavenging as defined by Board regulations;
| 15 | | (9) deposition of refuse in any unpermitted portion of | 16 | | the landfill;
| 17 | | (10) acceptance of a special waste without a required | 18 | | manifest;
| 19 | | (11) failure to submit reports required by permits or | 20 | | Board regulations;
| 21 | | (12) failure to collect and contain litter from the | 22 | | site by the end of
each operating day;
| 23 | | (13) failure to submit any cost estimate for the site | 24 | | or any performance
bond or other security for the site as | 25 | | required by this Act or Board rules.
| 26 | | The prohibitions specified in this subsection (o) shall be |
| | | SB0100 Enrolled | - 14 - | LRB097 00454 JDS 40472 b |
|
| 1 | | enforceable by
the Agency either by administrative citation | 2 | | under Section 31.1 of this Act
or as otherwise provided by this | 3 | | Act. The specific prohibitions in this
subsection do not limit | 4 | | the power of the Board to establish regulations
or standards | 5 | | applicable to sanitary landfills.
| 6 | | (p) In violation of subdivision (a) of this Section, cause | 7 | | or allow the
open dumping of any waste in a manner which | 8 | | results in any of the following
occurrences at the dump site:
| 9 | | (1) litter;
| 10 | | (2) scavenging;
| 11 | | (3) open burning;
| 12 | | (4) deposition of waste in standing or flowing waters;
| 13 | | (5) proliferation of disease vectors;
| 14 | | (6) standing or flowing liquid discharge from the dump | 15 | | site;
| 16 | | (7) deposition of:
| 17 | | (i) general construction or demolition debris as | 18 | | defined in Section
3.160(a) of this Act; or
| 19 | | (ii) clean construction or demolition debris as | 20 | | defined in Section
3.160(b) of this Act.
| 21 | | The prohibitions specified in this subsection (p) shall be
| 22 | | enforceable by the Agency either by administrative citation | 23 | | under Section
31.1 of this Act or as otherwise provided by this | 24 | | Act. The specific
prohibitions in this subsection do not limit | 25 | | the power of the Board to
establish regulations or standards | 26 | | applicable to open dumping.
|
| | | SB0100 Enrolled | - 15 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (q) Conduct a landscape waste composting operation without | 2 | | an Agency
permit, provided, however, that no permit shall be | 3 | | required for any person:
| 4 | | (1) conducting a landscape waste composting operation | 5 | | for landscape
wastes generated by such person's own | 6 | | activities which are stored, treated
or disposed of within | 7 | | the site where such wastes are generated; or
| 8 | | (2) applying landscape waste or composted landscape | 9 | | waste at agronomic
rates; or
| 10 | | (3) operating a landscape waste composting facility on | 11 | | a farm, if the
facility meets all of the following | 12 | | criteria:
| 13 | | (A) the composting facility is operated by the | 14 | | farmer on property on
which the composting material is | 15 | | utilized, and the composting facility
constitutes no | 16 | | more than 2% of the property's total acreage, except | 17 | | that
the Board Agency may allow a higher percentage for | 18 | | individual sites where the owner
or operator has | 19 | | demonstrated to the Board Agency that the site's soil
| 20 | | characteristics or crop needs require a higher rate;
| 21 | | (B) the property on which the composting facility | 22 | | is located, and any
associated property on which the | 23 | | compost is used, is principally and
diligently devoted | 24 | | to the production of agricultural crops and
is not | 25 | | owned, leased or otherwise controlled by any waste | 26 | | hauler
or generator of nonagricultural compost |
| | | SB0100 Enrolled | - 16 - | LRB097 00454 JDS 40472 b |
|
| 1 | | materials, and the operator of the
composting facility | 2 | | is not an employee, partner, shareholder, or in any way
| 3 | | connected with or controlled by any such waste hauler | 4 | | or generator;
| 5 | | (C) all compost generated by the composting | 6 | | facility is applied at
agronomic rates and used as | 7 | | mulch, fertilizer or soil conditioner on land
actually | 8 | | farmed by the person operating the composting | 9 | | facility, and the
finished compost is not stored at the | 10 | | composting site for a period longer
than 18 months | 11 | | prior to its application as mulch, fertilizer, or soil | 12 | | conditioner;
| 13 | | (D) the owner or operator, by January 1, 1990 (or | 14 | | the January 1
following commencement of operation, | 15 | | whichever is later) and January 1 of
each year | 16 | | thereafter, (i) registers the site with the Agency, | 17 | | (ii) reports
to the Agency on the volume of composting | 18 | | material received and used at the
site, (iii) certifies | 19 | | to the Agency that the site complies with the
| 20 | | requirements set forth in subparagraphs (A), (B) and | 21 | | (C) of this paragraph
(q)(3), and (iv) certifies to the | 22 | | Agency that all composting material was
placed more | 23 | | than 200 feet from the nearest potable water supply | 24 | | well, was
placed outside the boundary of the 10-year | 25 | | floodplain or on a part of the
site that is | 26 | | floodproofed, was placed at least 1/4 mile from the |
| | | SB0100 Enrolled | - 17 - | LRB097 00454 JDS 40472 b |
|
| 1 | | nearest
residence (other than a residence located on | 2 | | the same property as the
facility) and there are not | 3 | | more than 10 occupied non-farm residences
within 1/2 | 4 | | mile of the boundaries of the site on the date of | 5 | | application,
and was placed more than 5 feet above the | 6 | | water table.
| 7 | | For the purposes of this subsection (q), "agronomic rates" | 8 | | means the
application of not more than 20 tons per acre per | 9 | | year, except that the
Board Agency may allow a higher rate for | 10 | | individual sites where the owner or
operator has demonstrated | 11 | | to the Board Agency that the site's soil
characteristics or | 12 | | crop needs require a higher rate.
| 13 | | (r) Cause or allow the storage or disposal of coal | 14 | | combustion
waste unless:
| 15 | | (1) such waste is stored or disposed of at a site or
| 16 | | facility for which
a permit has been obtained or is not | 17 | | otherwise required under subsection
(d) of this Section; or
| 18 | | (2) such waste is stored or disposed of as a part of
| 19 | | the design and
reclamation of a site or facility which is | 20 | | an abandoned mine site in
accordance with the Abandoned | 21 | | Mined Lands and Water Reclamation Act; or
| 22 | | (3) such waste is stored or disposed of at a site or
| 23 | | facility which is
operating under NPDES and Subtitle D | 24 | | permits issued by the Agency pursuant
to regulations | 25 | | adopted by the Board for mine-related water pollution and
| 26 | | permits issued pursuant to the Federal Surface Mining |
| | | SB0100 Enrolled | - 18 - | LRB097 00454 JDS 40472 b |
|
| 1 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 2 | | rules and regulations
thereunder or any law or rule or | 3 | | regulation adopted by the State of
Illinois pursuant | 4 | | thereto, and the owner or operator of the facility agrees
| 5 | | to accept the waste; and either
| 6 | | (i) such waste is stored or disposed of in | 7 | | accordance
with requirements
applicable to refuse | 8 | | disposal under regulations adopted by the Board for
| 9 | | mine-related water pollution and pursuant to NPDES and | 10 | | Subtitle D permits
issued by the Agency under such | 11 | | regulations; or
| 12 | | (ii) the owner or operator of the facility | 13 | | demonstrates all of the
following to the Agency, and | 14 | | the facility is operated in accordance with
the | 15 | | demonstration as approved by the Agency: (1) the | 16 | | disposal area will be
covered in a manner that will | 17 | | support continuous vegetation, (2) the
facility will | 18 | | be adequately protected from wind and water erosion, | 19 | | (3) the
pH will be maintained so as to prevent | 20 | | excessive leaching of metal ions,
and (4) adequate | 21 | | containment or other measures will be provided to | 22 | | protect
surface water and groundwater from | 23 | | contamination at levels prohibited by
this Act, the | 24 | | Illinois Groundwater Protection Act, or regulations | 25 | | adopted
pursuant thereto.
| 26 | | Notwithstanding any other provision of this Title, the |
| | | SB0100 Enrolled | - 19 - | LRB097 00454 JDS 40472 b |
|
| 1 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 2 | | of this
subdivision (r) shall
be exempt from the other | 3 | | provisions of this Title V, and notwithstanding
the provisions | 4 | | of Title X of this Act, the Agency is authorized to grant
| 5 | | experimental permits which include provision for the disposal | 6 | | of
wastes from the combustion of coal and other materials | 7 | | pursuant to items
(2) and (3) of this subdivision (r).
| 8 | | (s) After April 1, 1989, offer for transportation, | 9 | | transport, deliver,
receive or accept special waste for which a | 10 | | manifest is required, unless
the manifest indicates that the | 11 | | fee required under Section 22.8 of this
Act has been paid.
| 12 | | (t) Cause or allow a lateral expansion of a municipal solid | 13 | | waste landfill
unit on or after October 9, 1993, without a | 14 | | permit modification, granted by the
Agency, that authorizes the | 15 | | lateral expansion.
| 16 | | (u) Conduct any vegetable by-product treatment, storage, | 17 | | disposal or
transportation operation in violation of any | 18 | | regulation, standards or permit
requirements adopted by the | 19 | | Board under this Act. However, no permit shall be
required | 20 | | under this Title V for the land application of vegetable | 21 | | by-products
conducted pursuant to Agency permit issued under | 22 | | Title III of this Act to
the generator of the vegetable | 23 | | by-products. In addition, vegetable by-products
may be | 24 | | transported in this State without a special waste hauling | 25 | | permit, and
without the preparation and carrying of a manifest.
| 26 | | (v) (Blank).
|
| | | SB0100 Enrolled | - 20 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (w) Conduct any generation, transportation, or recycling | 2 | | of construction or
demolition debris, clean or general, or | 3 | | uncontaminated soil generated during
construction, remodeling, | 4 | | repair, and demolition of utilities, structures, and
roads that | 5 | | is not commingled with any waste, without the maintenance of
| 6 | | documentation identifying the hauler, generator, place of | 7 | | origin of the debris
or soil, the weight or volume of the | 8 | | debris or soil, and the location, owner,
and operator of the | 9 | | facility where the debris or soil was transferred,
disposed, | 10 | | recycled, or treated. This documentation must be maintained by | 11 | | the
generator, transporter, or recycler for 3 years.
This | 12 | | subsection (w) shall not apply to (1) a permitted pollution | 13 | | control
facility that transfers or accepts construction or | 14 | | demolition debris,
clean or general, or uncontaminated soil for | 15 | | final disposal, recycling, or
treatment, (2) a public utility | 16 | | (as that term is defined in the Public
Utilities Act) or a | 17 | | municipal utility, (3) the Illinois Department of
| 18 | | Transportation, or (4) a municipality or a county highway | 19 | | department, with
the exception of any municipality or county | 20 | | highway department located within a
county having a population | 21 | | of over 3,000,000 inhabitants or located in a county
that
is | 22 | | contiguous to a county having a population of over 3,000,000 | 23 | | inhabitants;
but it shall apply to an entity that contracts | 24 | | with a public utility, a
municipal utility, the Illinois | 25 | | Department of Transportation, or a
municipality or a county | 26 | | highway department.
The terms
"generation" and "recycling" as
|
| | | SB0100 Enrolled | - 21 - | LRB097 00454 JDS 40472 b |
|
| 1 | | used in this subsection do not
apply to clean construction or | 2 | | demolition debris
when (i) used as fill material below grade | 3 | | outside of a setback zone
if covered by sufficient | 4 | | uncontaminated soil to support vegetation within 30
days of the | 5 | | completion of filling or if covered by a road or structure, | 6 | | (ii)
solely broken concrete without
protruding metal bars is | 7 | | used for erosion control, or (iii) milled
asphalt or crushed | 8 | | concrete is used as aggregate in construction of the
shoulder | 9 | | of a roadway. The terms "generation" and "recycling", as used | 10 | | in this
subsection, do not apply to uncontaminated soil
that is | 11 | | not commingled with any waste when (i) used as fill material | 12 | | below
grade or contoured to grade, or (ii) used at the site of | 13 | | generation.
| 14 | | (Source: P.A. 96-611, eff. 8-24-09.)
| 15 | | (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
| 16 | | Sec. 22.2. Hazardous waste; fees; liability.
| 17 | | (a) There are hereby created within the State Treasury 2
| 18 | | special funds to be known respectively as the "Hazardous Waste | 19 | | Fund" and
the "Hazardous Waste Research Fund", constituted from | 20 | | the fees collected
pursuant to this Section.
In addition to the | 21 | | fees collected under this Section, the Hazardous Waste
Fund | 22 | | shall include other moneys made available from any source for | 23 | | deposit into
the Fund.
| 24 | | (b)(1) On and after January 1, 1989, the Agency shall | 25 | | collect from the
owner or operator of each of the following |
| | | SB0100 Enrolled | - 22 - | LRB097 00454 JDS 40472 b |
|
| 1 | | sites a fee in the amount of:
| 2 | | (A) 9 cents per gallon or $18.18 per cubic yard, if | 3 | | the
hazardous waste disposal site is located off the | 4 | | site where such waste was
produced. The maximum amount | 5 | | payable under this subdivision (A) with respect
to the | 6 | | hazardous waste generated by a single generator and | 7 | | deposited in
monofills is $30,000 per year. If, as a | 8 | | result of the use of multiple monofills, waste
fees in | 9 | | excess of the maximum are assessed with respect to a | 10 | | single waste
generator, the generator may apply to the | 11 | | Agency for a credit.
| 12 | | (B) 9 cents or $18.18 per cubic yard, if the | 13 | | hazardous waste
disposal site is located on the site | 14 | | where such waste was produced,
provided however the | 15 | | maximum amount of fees payable under this paragraph
(B) | 16 | | is $30,000 per year for each such hazardous waste | 17 | | disposal site.
| 18 | | (C) If the hazardous waste disposal site is an | 19 | | underground injection
well, $6,000 per year if not more | 20 | | than 10,000,000 gallons per year are
injected, $15,000 | 21 | | per year if more than 10,000,000 gallons but not more | 22 | | than
50,000,000 gallons per year are injected, and | 23 | | $27,000 per year if more than
50,000,000 gallons per | 24 | | year are injected.
| 25 | | (D) 3 cents per gallon or
$6.06 per cubic yard of | 26 | | hazardous waste received
for treatment at a hazardous |
| | | SB0100 Enrolled | - 23 - | LRB097 00454 JDS 40472 b |
|
| 1 | | waste treatment site, if the hazardous waste
treatment | 2 | | site is located off the site where such waste was | 3 | | produced and
if such hazardous waste treatment site is | 4 | | owned, controlled and operated
by a person other than | 5 | | the generator of such waste.
After treatment at such | 6 | | hazardous waste treatment site, the waste shall
not be | 7 | | subject to any other fee imposed by this subsection | 8 | | (b). For purposes
of this subsection (b), the term | 9 | | "treatment" is defined as in Section
3.505 but shall | 10 | | not include recycling, reclamation or reuse.
| 11 | | (2) The General Assembly shall annually appropriate to | 12 | | the Fund such
amounts as it deems necessary to fulfill the | 13 | | purposes of this Act.
| 14 | | (3) The Agency shall have the authority to accept, | 15 | | receive, and
administer on behalf of the State any moneys | 16 | | made available to the State from
any source for the | 17 | | purposes of the Hazardous Waste Fund set forth in | 18 | | subsection
(d) of this Section.
| 19 | | (4) Of the amount collected as fees provided for in | 20 | | this Section, the
Agency shall manage the use of such funds | 21 | | to assure that sufficient funds
are available for match | 22 | | towards federal expenditures for response action at
sites | 23 | | which are listed on the National Priorities List; provided, | 24 | | however,
that this shall not apply to additional monies | 25 | | appropriated to the Fund by
the General Assembly, nor shall | 26 | | it apply in the event that the Director
finds that revenues |
| | | SB0100 Enrolled | - 24 - | LRB097 00454 JDS 40472 b |
|
| 1 | | in the Hazardous Waste Fund must be used to address
| 2 | | conditions which create or may create an immediate danger | 3 | | to the
environment or public health or to the welfare of | 4 | | the people of the State
of Illinois.
| 5 | | (5) Notwithstanding the other provisions of this
| 6 | | subsection (b), sludge from a publicly-owned sewage works | 7 | | generated
in Illinois, coal mining wastes and refuse | 8 | | generated in Illinois, bottom
boiler ash, flyash and flue | 9 | | gas desulphurization sludge from public
utility electric | 10 | | generating facilities located in Illinois, and bottom
| 11 | | boiler ash and flyash from all incinerators which process | 12 | | solely
municipal waste shall not be subject to the fee.
| 13 | | (6) For the purposes of this subsection (b), "monofill" | 14 | | means a
facility, or a unit at a facility, that accepts | 15 | | only wastes bearing the
same USEPA hazardous waste | 16 | | identification number, or compatible wastes as
determined | 17 | | by the Agency.
| 18 | | (c) The Agency shall establish procedures, not later than | 19 | | January 1,
1984, relating to the collection of the fees | 20 | | authorized by this Section.
Such procedures shall include, but | 21 | | not be limited to: (1) necessary records
identifying the | 22 | | quantities of hazardous waste received or disposed; (2) the
| 23 | | form and submission of reports to accompany the payment of fees | 24 | | to the
Agency; and (3) the time and manner of payment of fees | 25 | | to the Agency,
which payments shall be not more often than | 26 | | quarterly.
|
| | | SB0100 Enrolled | - 25 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (d) Beginning July 1, 1996, the Agency shall deposit all | 2 | | such receipts in the State Treasury to the credit of the
| 3 | | Hazardous Waste Fund, except as provided in subsection (e) of | 4 | | this Section.
All monies in the Hazardous Waste Fund shall be | 5 | | used by the Agency for the following purposes:
| 6 | | (1) Taking whatever preventive or corrective
action is | 7 | | necessary or appropriate, in circumstances certified by | 8 | | the
Director, including but not limited to removal or | 9 | | remedial
action whenever there is a release or substantial | 10 | | threat of a release of
a hazardous substance or pesticide; | 11 | | provided, the Agency shall
expend no more than $1,000,000 | 12 | | on any single incident without appropriation
by the General | 13 | | Assembly.
| 14 | | (2) To meet any requirements which must be met by the | 15 | | State in order
to obtain federal funds pursuant to the | 16 | | Comprehensive Environmental Response,
Compensation and | 17 | | Liability Act of 1980, (P.L. 96-510).
| 18 | | (3) In an amount up to 30% of the amount collected as | 19 | | fees provided
for in this Section, for use by the Agency to | 20 | | conduct
groundwater protection activities, including | 21 | | providing grants to appropriate
units of local government | 22 | | which are addressing protection of underground waters
| 23 | | pursuant to the provisions of this Act.
| 24 | | (4) To fund the development and implementation of the | 25 | | model pesticide
collection program under Section 19.1 of | 26 | | the Illinois Pesticide Act.
|
| | | SB0100 Enrolled | - 26 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (5) To the extent the Agency has received and deposited | 2 | | monies in the
Fund other than fees collected under | 3 | | subsection (b) of this Section, to pay for
the cost of | 4 | | Agency employees for
services provided in reviewing the | 5 | | performance of response actions pursuant to
Title XVII of | 6 | | this Act.
| 7 | | (6) In an amount up to 15% of the fees collected | 8 | | annually
under subsection (b) of this Section, for use by | 9 | | the Agency
for administration of the provisions of this | 10 | | Section.
| 11 | | (e) The Agency shall deposit 10% of all receipts collected | 12 | | under subsection
(b) of this Section, but not to exceed | 13 | | $200,000 per year, in the State
Treasury to the credit of the | 14 | | Hazardous Waste Research Fund established by this
Act. Pursuant | 15 | | to appropriation, all monies in such Fund shall be used by the | 16 | | University of Illinois
for the purposes set forth in
this | 17 | | subsection.
| 18 | | The University of Illinois may enter into contracts with | 19 | | business,
industrial, university, governmental or other | 20 | | qualified individuals or
organizations to assist in the | 21 | | research and development intended to recycle,
reduce the volume | 22 | | of, separate, detoxify or reduce the hazardous properties of
| 23 | | hazardous wastes in Illinois. Monies in the Fund may also be | 24 | | used by the University of Illinois
for technical studies, | 25 | | monitoring activities,
and educational and research activities | 26 | | which are related to the protection of
underground waters. |
| | | SB0100 Enrolled | - 27 - | LRB097 00454 JDS 40472 b |
|
| 1 | | Monies in the Hazardous Waste Research Fund may be used to
| 2 | | administer the Illinois Health and Hazardous Substances | 3 | | Registry Act. Monies
in the Hazardous Waste Research Fund shall | 4 | | not be used for any sanitary
landfill or the acquisition or | 5 | | construction of any facility. This does not
preclude the | 6 | | purchase of equipment for the purpose of public demonstration
| 7 | | projects. The University of Illinois shall adopt guidelines for | 8 | | cost
sharing, selecting, and administering projects under this | 9 | | subsection.
| 10 | | (f) Notwithstanding any other provision or rule of law, and | 11 | | subject
only to the defenses set forth in subsection (j) of | 12 | | this Section, the
following persons shall be liable for all | 13 | | costs of removal or remedial
action incurred by the State of | 14 | | Illinois or any unit of local
government as a result of a | 15 | | release or substantial threat of a release of
a hazardous | 16 | | substance or pesticide:
| 17 | | (1) the owner and operator of a facility or vessel from | 18 | | which there is
a release or substantial threat of release | 19 | | of a hazardous substance or
pesticide;
| 20 | | (2) any person who at the time of disposal, transport, | 21 | | storage or
treatment of a hazardous substance or pesticide | 22 | | owned or operated the
facility or vessel used for such | 23 | | disposal, transport, treatment or storage
from which there | 24 | | was a release or substantial threat of a release of any
| 25 | | such hazardous substance or pesticide;
| 26 | | (3) any person who by contract, agreement, or otherwise |
| | | SB0100 Enrolled | - 28 - | LRB097 00454 JDS 40472 b |
|
| 1 | | has arranged with
another party or entity for transport, | 2 | | storage, disposal or treatment of
hazardous substances or | 3 | | pesticides owned, controlled or possessed by such
person at | 4 | | a facility owned or operated by another party or entity | 5 | | from
which facility there is a release or substantial | 6 | | threat of a release of
such hazardous substances or | 7 | | pesticides; and
| 8 | | (4) any person who accepts or accepted any hazardous | 9 | | substances or
pesticides for transport to disposal, | 10 | | storage or treatment facilities or
sites from which there | 11 | | is a release or a substantial threat of a release of
a | 12 | | hazardous substance or pesticide.
| 13 | | Any monies received by the State of Illinois pursuant to | 14 | | this
subsection (f) shall be deposited in the State Treasury to | 15 | | the credit
of the Hazardous Waste Fund.
| 16 | | In accordance with the other provisions of this Section, | 17 | | costs of
removal or remedial action incurred by a unit of local | 18 | | government may be
recovered in an action before the Board | 19 | | brought by the unit of local
government under subsection (i) of | 20 | | this Section. Any monies so recovered
shall be paid to the unit | 21 | | of local government.
| 22 | | (g)(1) No indemnification, hold harmless, or similar | 23 | | agreement or conveyance
shall be effective to transfer from | 24 | | the owner or operator of any vessel
or facility or from any | 25 | | person who may be liable for a release or
substantial | 26 | | threat of a release under this Section, to any other person |
| | | SB0100 Enrolled | - 29 - | LRB097 00454 JDS 40472 b |
|
| 1 | | the
liability imposed under this Section. Nothing in this | 2 | | Section shall bar
any agreement to insure, hold harmless or | 3 | | indemnify a party to such
agreements for any liability | 4 | | under this Section.
| 5 | | (2) Nothing in this Section, including the provisions | 6 | | of paragraph (g)(1)
of this Section, shall bar a cause of | 7 | | action that an owner or operator or
any other person | 8 | | subject to liability under this Section, or a guarantor,
| 9 | | has or would have, by reason of subrogation or otherwise | 10 | | against any person.
| 11 | | (h) For purposes of this Section:
| 12 | | (1) The term "facility" means:
| 13 | | (A) any building, structure, installation, | 14 | | equipment, pipe or pipeline
including but not limited | 15 | | to any pipe into a sewer or publicly owned
treatment | 16 | | works, well, pit, pond, lagoon, impoundment, ditch, | 17 | | landfill,
storage container, motor vehicle, rolling | 18 | | stock, or aircraft; or
| 19 | | (B) any site or area where a hazardous substance | 20 | | has been deposited,
stored, disposed of, placed, or | 21 | | otherwise come to be located.
| 22 | | (2) The term "owner or operator" means:
| 23 | | (A) any person owning or operating a vessel or | 24 | | facility;
| 25 | | (B) in the case of an abandoned facility, any | 26 | | person owning or operating
the abandoned facility or |
| | | SB0100 Enrolled | - 30 - | LRB097 00454 JDS 40472 b |
|
| 1 | | any person who owned, operated, or otherwise
| 2 | | controlled activities at the abandoned facility | 3 | | immediately prior to such
abandonment;
| 4 | | (C) in the case of a land trust as defined in | 5 | | Section 2 of the Land
Trustee as Creditor Act, the | 6 | | person owning the beneficial interest in the land
| 7 | | trust;
| 8 | | (D) in the case of a fiduciary (other than a land | 9 | | trustee), the estate,
trust estate, or other interest | 10 | | in property held in a fiduciary capacity,
and not the | 11 | | fiduciary. For the purposes of this Section, | 12 | | "fiduciary" means
a trustee, executor, administrator, | 13 | | guardian, receiver, conservator or other
person | 14 | | holding a facility or vessel in a fiduciary capacity;
| 15 | | (E) in the case of a "financial institution", | 16 | | meaning the Illinois
Housing Development Authority and | 17 | | that term as defined in Section 2 of the
Illinois | 18 | | Banking Act, that has acquired ownership, operation, | 19 | | management,
or control of a vessel or facility through | 20 | | foreclosure or under the terms
of a security interest | 21 | | held by the financial institution or under the terms
of | 22 | | an extension of credit made by the financial | 23 | | institution, the financial
institution only if the | 24 | | financial institution takes possession of the
vessel | 25 | | or facility and the financial institution exercises | 26 | | actual, direct,
and continual or recurrent managerial |
| | | SB0100 Enrolled | - 31 - | LRB097 00454 JDS 40472 b |
|
| 1 | | control in the operation of the
vessel or facility that | 2 | | causes a release or substantial threat of a release
of | 3 | | a hazardous substance or pesticide resulting in | 4 | | removal or remedial
action;
| 5 | | (F) In the case of an owner of residential | 6 | | property, the owner if the
owner is a person other than | 7 | | an individual, or if the owner is an individual
who | 8 | | owns more than 10 dwelling units in Illinois, or if the | 9 | | owner, or an agent,
representative, contractor, or | 10 | | employee of the owner, has caused, contributed
to, or | 11 | | allowed the release or threatened release of a | 12 | | hazardous substance or
pesticide. The term | 13 | | "residential property" means single family residences | 14 | | of
one to 4 dwelling units, including accessory land, | 15 | | buildings, or improvements
incidental to those | 16 | | dwellings that are exclusively used for the | 17 | | residential
use. For purposes of this subparagraph | 18 | | (F), the term "individual" means a
natural person, and | 19 | | shall not include corporations, partnerships, trusts, | 20 | | or
other non-natural persons.
| 21 | | (G) In the case of any facility, title or control | 22 | | of which was
conveyed due to bankruptcy, foreclosure, | 23 | | tax delinquency, abandonment, or
similar means
to a | 24 | | unit of State or local government, any person who | 25 | | owned, operated, or
otherwise controlled activities at | 26 | | the facility immediately beforehand.
|
| | | SB0100 Enrolled | - 32 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (H) The term "owner or operator" does not include a | 2 | | unit of State or
local government which acquired | 3 | | ownership or control through bankruptcy, tax
| 4 | | delinquency, abandonment, or other circumstances in | 5 | | which the government
acquires title by virtue of its | 6 | | function as sovereign. The exclusion provided
under | 7 | | this paragraph shall not apply to any State or local | 8 | | government which has
caused or contributed to the | 9 | | release or threatened release of a hazardous
substance | 10 | | from the facility, and such a State or local government | 11 | | shall be
subject to the provisions of this Act in the | 12 | | same manner and to the same
extent, both procedurally | 13 | | and substantively, as any nongovernmental entity,
| 14 | | including liability under Section 22.2(f).
| 15 | | (i) The costs and damages provided for in this Section may | 16 | | be imposed by
the Board in an action brought before the Board | 17 | | in accordance with Title
VIII of this Act, except that Section | 18 | | 33(c) of this Act shall not apply to
any such action.
| 19 | | (j)(1) There shall be no liability under this Section for a | 20 | | person
otherwise liable who can establish by a preponderance of | 21 | | the evidence that
the release or substantial threat of release | 22 | | of a hazardous substance and
the damages resulting therefrom | 23 | | were caused solely by:
| 24 | | (A) an act of God;
| 25 | | (B) an act of war;
| 26 | | (C) an act or omission of a third party other than an |
| | | SB0100 Enrolled | - 33 - | LRB097 00454 JDS 40472 b |
|
| 1 | | employee or agent
of the defendant, or other than one whose | 2 | | act or omission occurs in
connection with a contractual | 3 | | relationship, existing directly or
indirectly, with the | 4 | | defendant (except where the sole contractual
arrangement | 5 | | arises from a published tariff and acceptance for carriage | 6 | | by a
common carrier by rail), if the defendant establishes | 7 | | by a preponderance of
the evidence that (i) he exercised | 8 | | due care with respect to the hazardous
substance concerned, | 9 | | taking into consideration the characteristics of such
| 10 | | hazardous substance, in light of all relevant facts and | 11 | | circumstances, and
(ii) he took precautions against | 12 | | foreseeable acts or omissions of any such
third party and | 13 | | the consequences that could foreseeably result from such
| 14 | | acts or omissions; or
| 15 | | (D) any combination of the foregoing paragraphs.
| 16 | | (2) There shall be no liability under this Section for any | 17 | | release
permitted by State or federal law.
| 18 | | (3) There shall be no liability under this Section for | 19 | | damages as a result
of actions taken or omitted in the course | 20 | | of rendering care, assistance,
or advice in accordance with | 21 | | this Section or the National Contingency Plan
pursuant to the | 22 | | Comprehensive Environmental Response, Compensation and
| 23 | | Liability Act of 1980 (P.L. 96-510) or at the direction of an
| 24 | | on-scene coordinator appointed under such plan, with respect to | 25 | | an incident
creating a danger to public health or welfare or | 26 | | the environment as a result
of any release of a hazardous |
| | | SB0100 Enrolled | - 34 - | LRB097 00454 JDS 40472 b |
|
| 1 | | substance or a substantial threat thereof. This
subsection | 2 | | shall not preclude liability for damages as the result of gross
| 3 | | negligence or intentional misconduct on the part of such | 4 | | person. For the
purposes of the preceding sentence, reckless, | 5 | | willful, or wanton misconduct
shall constitute gross | 6 | | negligence.
| 7 | | (4) There shall be no liability under this Section for any | 8 | | person
(including, but not limited to, an owner of residential | 9 | | property who applies a
pesticide to the residential property or | 10 | | who has another person apply a
pesticide to the residential | 11 | | property) for response costs or damages as the
result of the | 12 | | storage, handling and use, or recommendation for storage,
| 13 | | handling and use, of a pesticide consistent with:
| 14 | | (A) its directions for storage, handling and use as | 15 | | stated in its
label or labeling;
| 16 | | (B) its warnings and cautions as stated in its label or | 17 | | labeling; and
| 18 | | (C) the uses for which it is registered under the | 19 | | Federal Insecticide,
Fungicide and Rodenticide Act and the | 20 | | Illinois Pesticide Act.
| 21 | | (4.5) There shall be no liability under subdivision (f)(1) | 22 | | of this Section
for response costs or damages as the result of | 23 | | a release
of a pesticide from an agrichemical facility site if
| 24 | | the Agency has received notice from the Department of | 25 | | Agriculture pursuant to
Section 19.3 of the Illinois Pesticide | 26 | | Act, the owner or operator of the
agrichemical facility is |
| | | SB0100 Enrolled | - 35 - | LRB097 00454 JDS 40472 b |
|
| 1 | | proceeding with a corrective action plan under the
Agrichemical | 2 | | Facility Response Action Program implemented under that | 3 | | Section,
and the Agency
has provided a written endorsement of a | 4 | | corrective action plan.
| 5 | | (4.6) There shall be no liability under subdivision (f)(1) | 6 | | of this
Section for response costs or damages as the result of | 7 | | a substantial threat of
a release of a pesticide from an | 8 | | agrichemical facility site if
the Agency has received notice | 9 | | from the Department of Agriculture pursuant to
Section 19.3 of | 10 | | the Illinois Pesticide Act and the owner or operator of the
| 11 | | agrichemical facility is proceeding with a corrective action | 12 | | plan under the
Agrichemical Facility Response Action Program | 13 | | implemented under that
Section.
| 14 | | (5) Nothing in this subsection (j) shall affect or modify | 15 | | in any way the
obligations or liability of any person under any | 16 | | other provision of this
Act or State or federal law, including | 17 | | common law, for damages, injury,
or loss resulting from a | 18 | | release or substantial threat of a release of any
hazardous | 19 | | substance or for removal or remedial action or the costs of | 20 | | removal
or remedial action of such hazardous substance.
| 21 | | (6)(A) The term "contractual relationship", for the | 22 | | purpose of this
subsection includes, but is not limited to, | 23 | | land contracts, deeds or other
instruments transferring title | 24 | | or possession, unless the real property on
which the facility | 25 | | concerned is located was acquired by the defendant after
the | 26 | | disposal or placement of the hazardous substance on, in, or at |
| | | SB0100 Enrolled | - 36 - | LRB097 00454 JDS 40472 b |
|
| 1 | | the
facility, and one or more of the circumstances described in | 2 | | clause (i),
(ii), or (iii) of this paragraph is also | 3 | | established by the defendant by a
preponderance of the | 4 | | evidence:
| 5 | | (i) At the time the defendant acquired the facility the | 6 | | defendant did
not know and had no reason to know that any | 7 | | hazardous substance which is
the subject of the release or | 8 | | threatened release was disposed of on, in or
at the | 9 | | facility.
| 10 | | (ii) The defendant is a government entity which | 11 | | acquired the facility by
escheat, or through any other | 12 | | involuntary transfer or acquisition, or
through the | 13 | | exercise of eminent domain authority by purchase or | 14 | | condemnation.
| 15 | | (iii) The defendant acquired the facility by | 16 | | inheritance or bequest.
| 17 | | In addition to establishing the foregoing, the defendant | 18 | | must establish
that he has satisfied the requirements of | 19 | | subparagraph (C) of paragraph (l)
of this subsection (j).
| 20 | | (B) To establish the defendant had no reason to know, as | 21 | | provided in
clause (i) of subparagraph (A) of this paragraph, | 22 | | the defendant must have
undertaken, at the time of acquisition, | 23 | | all appropriate inquiry into the
previous ownership and uses of | 24 | | the property consistent with good commercial
or customary | 25 | | practice in an effort to minimize liability. For purposes of
| 26 | | the preceding sentence, the court shall take into account any |
| | | SB0100 Enrolled | - 37 - | LRB097 00454 JDS 40472 b |
|
| 1 | | specialized
knowledge or experience on the part of the | 2 | | defendant, the relationship of
the purchase price to the value | 3 | | of the property if uncontaminated, commonly
known or reasonably | 4 | | ascertainable information about the property, the
obviousness | 5 | | of the presence or likely presence of contamination at the
| 6 | | property, and the ability to detect such contamination by | 7 | | appropriate
inspection.
| 8 | | (C) Nothing in this paragraph (6) or in subparagraph (C) of | 9 | | paragraph
(1) of this subsection shall diminish the liability | 10 | | of any previous owner
or operator of such facility who would | 11 | | otherwise be liable under this Act.
Notwithstanding this | 12 | | paragraph (6), if the defendant obtained actual
knowledge of | 13 | | the release or threatened release of a hazardous substance at
| 14 | | such facility when the defendant owned the real property and | 15 | | then
subsequently transferred ownership of the property to | 16 | | another person
without disclosing such knowledge, such | 17 | | defendant shall be treated as
liable under subsection (f) of | 18 | | this Section and no defense under
subparagraph (C) of paragraph | 19 | | (1) of this subsection shall be available
to such defendant.
| 20 | | (D) Nothing in this paragraph (6) shall affect the | 21 | | liability under this
Act of a defendant who, by any act or | 22 | | omission, caused or contributed to
the release or threatened | 23 | | release of a hazardous substance which is the
subject of the | 24 | | action relating to the facility.
| 25 | | (E)(i) Except as provided in clause (ii) of this | 26 | | subparagraph (E), a
defendant who has acquired real property |
| | | SB0100 Enrolled | - 38 - | LRB097 00454 JDS 40472 b |
|
| 1 | | shall have established a rebuttable
presumption against all | 2 | | State claims and a conclusive presumption against all
private | 3 | | party claims that the defendant has made all appropriate | 4 | | inquiry within
the meaning of subdivision (6)(B) of this | 5 | | subsection (j) if the defendant
proves that immediately prior | 6 | | to or at the time of the acquisition:
| 7 | | (I) the defendant obtained a Phase I Environmental | 8 | | Audit of the real
property that meets or exceeds the | 9 | | requirements of this subparagraph (E), and
the Phase I | 10 | | Environmental Audit did not disclose the presence or likely
| 11 | | presence of a release or a substantial threat of a release | 12 | | of a hazardous
substance or pesticide at, on, to, or from | 13 | | the real property; or
| 14 | | (II) the defendant obtained a Phase II Environmental | 15 | | Audit of the real
property that meets or exceeds the | 16 | | requirements of this subparagraph (E), and
the Phase II | 17 | | Environmental Audit did not disclose the presence or likely
| 18 | | presence of a release or a substantial threat of a release | 19 | | of a hazardous
substance or pesticide at, on, to, or from | 20 | | the real property.
| 21 | | (ii) No presumption shall be created under clause (i) of | 22 | | this subparagraph
(E), and a defendant shall be precluded from | 23 | | demonstrating that the defendant
has made all appropriate | 24 | | inquiry within the meaning of subdivision (6)(B) of
this | 25 | | subsection (j), if:
| 26 | | (I) the defendant fails to obtain all Environmental |
| | | SB0100 Enrolled | - 39 - | LRB097 00454 JDS 40472 b |
|
| 1 | | Audits required under
this subparagraph (E) or any such | 2 | | Environmental Audit fails to meet or exceed
the | 3 | | requirements of this subparagraph (E);
| 4 | | (II) a Phase I Environmental Audit discloses the | 5 | | presence or likely
presence of a release or a substantial | 6 | | threat of a release of a hazardous
substance or pesticide | 7 | | at, on, to, or from real property, and the defendant
fails | 8 | | to obtain a Phase II Environmental Audit;
| 9 | | (III) a Phase II Environmental Audit discloses the | 10 | | presence or likely
presence of a release or a substantial | 11 | | threat of a release of a hazardous
substance or pesticide | 12 | | at, on, to, or from the real property;
| 13 | | (IV) the defendant fails to maintain a written | 14 | | compilation and explanatory
summary report of the | 15 | | information reviewed in the course of each Environmental
| 16 | | Audit under this subparagraph (E); or
| 17 | | (V) there is any evidence of fraud, material | 18 | | concealment, or material
misrepresentation by the | 19 | | defendant of environmental conditions or of related
| 20 | | information discovered during the course of an | 21 | | Environmental Audit.
| 22 | | (iii) For purposes of this subparagraph (E), the term | 23 | | "environmental
professional" means an individual (other than a | 24 | | practicing attorney) who,
through academic training, | 25 | | occupational experience, and reputation (such as
engineers, | 26 | | industrial hygienists, or geologists) can objectively conduct |
| | | SB0100 Enrolled | - 40 - | LRB097 00454 JDS 40472 b |
|
| 1 | | one or
more aspects of an Environmental Audit and who either:
| 2 | | (I) maintains at the time of the Environmental Audit | 3 | | and for at least one
year thereafter at least $500,000 of | 4 | | environmental consultants' professional
liability | 5 | | insurance coverage issued by an insurance company licensed | 6 | | to do
business in Illinois; or
| 7 | | (II) is an Illinois licensed professional engineer or | 8 | | an Illinois licensed
industrial hygienist.
| 9 | | An environmental professional may employ persons who are | 10 | | not environmental
professionals to assist in the preparation of | 11 | | an Environmental Audit if such
persons are under the direct | 12 | | supervision and control of the environmental
professional.
| 13 | | (iv) For purposes of this subparagraph (E), the term "real | 14 | | property"
means any interest in any parcel of land, and | 15 | | includes, but is not limited to,
buildings, fixtures, and
| 16 | | improvements.
| 17 | | (v) For purposes of this subparagraph (E), the term "Phase | 18 | | I Environmental
Audit" means an investigation of real property, | 19 | | conducted by environmental
professionals, to discover the | 20 | | presence or likely presence of a release or a
substantial | 21 | | threat of a release of a hazardous substance or pesticide at, | 22 | | on,
to, or from real property, and whether a release or a | 23 | | substantial threat of
a release of a hazardous substance or | 24 | | pesticide has occurred or may occur at,
on, to, or from the | 25 | | real property. Until such time as the United
States | 26 | | Environmental Protection Agency establishes
standards for |
| | | SB0100 Enrolled | - 41 - | LRB097 00454 JDS 40472 b |
|
| 1 | | making appropriate inquiry into the previous
ownership and uses | 2 | | of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the | 3 | | investigation shall comply with the
procedures of the American | 4 | | Society for Testing and
Materials, including the document known | 5 | | as Standard
E1527-97, entitled "Standard Procedures for | 6 | | Environmental
Site Assessment: Phase 1 Environmental Site | 7 | | Assessment
Process". Upon their adoption, the standards | 8 | | promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) | 9 | | shall
govern the performance of Phase I Environmental Audits. | 10 | | In
addition to the above requirements, the Phase I
| 11 | | Environmental Audit shall include a review of recorded land
| 12 | | title records for the purpose of determining whether the real
| 13 | | property is subject to an environmental land use restriction
| 14 | | such as a No Further Remediation Letter, Environmental
Land Use | 15 | | Control, or Highway Authority Agreement.
| 16 | | (vi) For purposes of subparagraph (E), the term "Phase II | 17 | | Environmental
Audit" means an investigation of real property, | 18 | | conducted by environmental
professionals, subsequent to a | 19 | | Phase I Environmental Audit. If the Phase I
Environmental Audit | 20 | | discloses the presence or likely presence of a hazardous
| 21 | | substance or a pesticide or a release or a substantial threat | 22 | | of a release of
a hazardous substance or pesticide:
| 23 | | (I) In or to soil, the defendant, as part of the Phase | 24 | | II Environmental
Audit, shall perform a series of soil | 25 | | borings sufficient to determine whether
there is a presence | 26 | | or likely presence of a hazardous substance or pesticide
|
| | | SB0100 Enrolled | - 42 - | LRB097 00454 JDS 40472 b |
|
| 1 | | and whether there is or has been a release or a substantial | 2 | | threat of a release
of a hazardous substance or pesticide | 3 | | at, on, to, or from the real property.
| 4 | | (II) In or to groundwater, the defendant, as part of | 5 | | the Phase II
Environmental Audit, shall: review | 6 | | information regarding local geology, water
well locations, | 7 | | and locations of waters of the State as may be obtained | 8 | | from
State, federal, and local government records, | 9 | | including but not limited to the
United States Geological | 10 | | Survey, the State Geological Survey of the University of | 11 | | Illinois, and the State Water
Survey of the University of | 12 | | Illinois; and
perform groundwater monitoring sufficient to | 13 | | determine whether there is a
presence or likely presence of | 14 | | a hazardous substance or pesticide, and whether
there is or | 15 | | has been a release or a substantial threat of a release of | 16 | | a
hazardous substance or pesticide at, on, to, or from the | 17 | | real property.
| 18 | | (III) On or to media other than soil or groundwater, | 19 | | the defendant, as
part of the Phase II Environmental Audit, | 20 | | shall perform an investigation
sufficient to determine | 21 | | whether there is a presence or likely presence of a
| 22 | | hazardous substance or pesticide, and whether there is or | 23 | | has been a release or
a substantial threat of a release of | 24 | | a hazardous substance or pesticide at, on,
to, or from the | 25 | | real property.
| 26 | | (vii) The findings of each Environmental Audit prepared |
| | | SB0100 Enrolled | - 43 - | LRB097 00454 JDS 40472 b |
|
| 1 | | under this
subparagraph (E) shall be set forth in a written | 2 | | audit report. Each audit
report shall contain an affirmation by | 3 | | the defendant and by each environmental
professional who | 4 | | prepared the Environmental Audit that the facts stated in the
| 5 | | report are true and are made under a penalty of perjury as | 6 | | defined in Section
32-2 of the Criminal Code of 1961. It is | 7 | | perjury for any person to sign an
audit report that contains a | 8 | | false material statement that the person does not
believe to be | 9 | | true.
| 10 | | (viii) The Agency is not required to review, approve, or | 11 | | certify the results
of any Environmental Audit. The performance | 12 | | of an Environmental Audit shall in
no way entitle a defendant | 13 | | to a presumption of Agency approval or certification
of the | 14 | | results of the Environmental Audit.
| 15 | | The presence or absence of a disclosure document prepared | 16 | | under the
Responsible Property Transfer Act of 1988 shall not | 17 | | be a defense under this
Act and shall not satisfy the | 18 | | requirements of subdivision (6)(A) of this
subsection (j).
| 19 | | (7) No person shall be liable under this Section for | 20 | | response costs
or damages as the result of a pesticide release | 21 | | if the Agency has found
that a pesticide release occurred based | 22 | | on a Health Advisory issued by the
U.S. Environmental | 23 | | Protection Agency or an action level developed by the
Agency, | 24 | | unless the Agency notified the manufacturer of the pesticide | 25 | | and
provided an opportunity of not less than 30 days for the | 26 | | manufacturer to
comment on the technical and scientific |
| | | SB0100 Enrolled | - 44 - | LRB097 00454 JDS 40472 b |
|
| 1 | | justification supporting the Health
Advisory or action level.
| 2 | | (8) No person shall be liable under this Section for | 3 | | response costs or
damages as the result of a pesticide release | 4 | | that occurs in the course of a
farm pesticide collection | 5 | | program operated under Section 19.1 of the
Illinois Pesticide | 6 | | Act, unless the release results from gross negligence or
| 7 | | intentional misconduct.
| 8 | | (k) If any person who is liable for a release or | 9 | | substantial threat of
release of a hazardous substance or | 10 | | pesticide fails without sufficient
cause to provide removal or | 11 | | remedial action upon or in accordance with a
notice and request | 12 | | by the Agency or upon or in accordance with any order of
the | 13 | | Board or any court, such person may be liable to the State for | 14 | | punitive
damages in an amount at least equal to, and not more | 15 | | than 3 times, the
amount of any costs incurred by the State of | 16 | | Illinois as a result of such
failure to take such removal or | 17 | | remedial action. The punitive damages
imposed by the Board | 18 | | shall be in addition to any costs recovered from such
person | 19 | | pursuant to this Section and in addition to any other penalty | 20 | | or
relief provided by this Act or any other law.
| 21 | | Any monies received by the State pursuant to this | 22 | | subsection (k) shall
be deposited in the Hazardous Waste Fund.
| 23 | | (l) Beginning January 1, 1988, the Agency shall annually | 24 | | collect a $250
fee for each Special Waste Hauling Permit | 25 | | Application and, in addition,
shall collect a fee of $20 for | 26 | | each waste hauling vehicle identified in the
annual permit |
| | | SB0100 Enrolled | - 45 - | LRB097 00454 JDS 40472 b |
|
| 1 | | application and for each vehicle which is added to the permit
| 2 | | during the annual period. The Agency shall deposit 85% of such | 3 | | fees
collected under this subsection in the State Treasury to | 4 | | the credit of
the Hazardous Waste Research Fund; and shall | 5 | | deposit the remaining 15% of
such fees collected in the State | 6 | | Treasury to the credit of the
Environmental Protection Permit | 7 | | and Inspection Fund. The majority of such
receipts which are | 8 | | deposited in the Hazardous Waste Research Fund pursuant
to this | 9 | | subsection shall be used by the University of Illinois for
| 10 | | activities which relate to the protection of underground | 11 | | waters.
Persons engaged in the offsite transportation of | 12 | | hazardous waste by highway
and participating in the Uniform | 13 | | Program under subsection (l-5) are not
required to file a | 14 | | Special Waste Hauling Permit Application.
| 15 | | (l-5) (Blank). (1) As used in this subsection:
| 16 | | "Base state" means the state selected by a transporter | 17 | | according to the
procedures established under the Uniform | 18 | | Program.
| 19 | | "Base state agreement" means an agreement between | 20 | | participating states
electing to register or permit | 21 | | transporters.
| 22 | | "Participating state" means a state electing to | 23 | | participate in the
Uniform
Program by entering into a base | 24 | | state agreement.
| 25 | | "Transporter" means a person engaged in the offsite | 26 | | transportation of
hazardous waste by highway.
|
| | | SB0100 Enrolled | - 46 - | LRB097 00454 JDS 40472 b |
|
| 1 | | "Uniform application" means the uniform registration | 2 | | and permit
application
form prescribed under the Uniform | 3 | | Program.
| 4 | | "Uniform Program" means the Uniform State Hazardous | 5 | | Materials
Transportation Registration and Permit Program | 6 | | established in the report
submitted and amended pursuant to | 7 | | 49 U.S.C. Section 5119(b), as implemented by
the Agency | 8 | | under this subsection.
| 9 | | "Vehicle" means any self-propelled motor vehicle, | 10 | | except a truck tractor
without a trailer,
designed or used | 11 | | for the transportation of hazardous waste subject to the
| 12 | | hazardous waste manifesting requirements of 40 U.S.C. | 13 | | Section 6923(a)(3).
| 14 | | (2) Beginning July 1, 1998, the Agency shall implement | 15 | | the Uniform
State Hazardous Materials Transportation | 16 | | Registration and Permit Program.
On and after that date, no | 17 | | person shall engage in the offsite transportation
of | 18 | | hazardous waste by highway without registering and | 19 | | obtaining a permit
under the Uniform Program.
A transporter | 20 | | with its principal place of business in Illinois shall | 21 | | register
with and obtain a permit from the Agency. A | 22 | | transporter that designates another
participating state in | 23 | | the Uniform Program as its base state shall likewise
| 24 | | register with and obtain a permit from that state before | 25 | | transporting hazardous
waste in Illinois.
| 26 | | (3) Beginning July 1, 1998, the Agency shall annually |
| | | SB0100 Enrolled | - 47 - | LRB097 00454 JDS 40472 b |
|
| 1 | | collect no more
than a
$250 processing and audit fee from | 2 | | each transporter of hazardous waste who has
filed a uniform | 3 | | application and, in addition, the Agency shall annually | 4 | | collect
an
apportioned vehicle registration fee of $20.
The | 5 | | amount of the apportioned vehicle registration fee
shall be | 6 | | calculated consistent with the procedures established | 7 | | under the
Uniform Program.
| 8 | | All moneys received by the Agency from the collection | 9 | | of fees pursuant to
the Uniform Program shall be deposited | 10 | | into the Hazardous Waste Transporter
account hereby | 11 | | created within the Environmental Protection Permit and
| 12 | | Inspection Fund. Moneys remaining in the account at
the
| 13 | | close of the fiscal year shall not lapse to the General | 14 | | Revenue Fund. The
State Treasurer may receive money or | 15 | | other assets from any source for deposit
into the account. | 16 | | The Agency may expend moneys from the account, upon
| 17 | | appropriation, for the implementation of the Uniform | 18 | | Program, including the
costs to the Agency of fee | 19 | | collection and administration. In addition, funds
not | 20 | | expended for the implementation of the Uniform Program may | 21 | | be utilized for
emergency response and cleanup activities | 22 | | related to hazardous
waste transportation that are | 23 | | initiated by the Agency.
| 24 | | Whenever the amount of the Hazardous Waste Transporter | 25 | | account exceeds by
115% the amount annually appropriated by the | 26 | | General Assembly, the Agency shall
credit participating |
| | | SB0100 Enrolled | - 48 - | LRB097 00454 JDS 40472 b |
|
| 1 | | transporters an amount, proportionately based on the
amount of | 2 | | the vehicle fee paid, equal to the excess in the account, and | 3 | | shall
determine the need to reduce the amount of the fee | 4 | | charged transporters in the
subsequent fiscal year by the | 5 | | amount of the credit.
| 6 | | (4)(A) The Agency may propose and the Board shall adopt | 7 | | rules as
necessary to implement and enforce the Uniform | 8 | | Program. The Agency is
authorized to enter into agreements | 9 | | with other agencies of this State as
necessary to carry out | 10 | | administrative functions or enforcement of the Uniform
| 11 | | Program.
| 12 | | (B) The Agency shall recognize a Uniform Program | 13 | | registration as valid for
one year from the date a notice | 14 | | of registration form is issued and a permit as
valid for 3 | 15 | | years from the date issued or until a transporter fails to | 16 | | renew
its registration, whichever occurs first.
| 17 | | (C) The Agency may inspect or examine any motor vehicle | 18 | | or facility
operated by a transporter, including papers, | 19 | | books, records, documents, or
other materials to determine | 20 | | if a transporter is complying with the
Uniform Program. The | 21 | | Agency may also conduct investigations and audits as
| 22 | | necessary to determine if a transporter is entitled to a | 23 | | permit or to make
suspension or revocation determinations | 24 | | consistent with the standards of the
Uniform Program.
| 25 | | (5) The Agency may enter into agreements with federal | 26 | | agencies, national
repositories, or other participating |
| | | SB0100 Enrolled | - 49 - | LRB097 00454 JDS 40472 b |
|
| 1 | | states as necessary to allow for the
reciprocal
| 2 | | registration and permitting of transporters pursuant to | 3 | | the Uniform Program.
The agreements may include procedures | 4 | | for determining a base state, the
collection and | 5 | | distribution of registration fees, dispute resolution, the
| 6 | | exchange of information for reporting and enforcement | 7 | | purposes, and other
provisions necessary to fully | 8 | | implement, administer, and enforce the Uniform
Program.
| 9 | | (m) (Blank).
| 10 | | (n) (Blank).
| 11 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 12 | | (415 ILCS 5/22.50a new) | 13 | | Sec. 22.50a. Compliance with environmental covenants. No | 14 | | person shall use, or cause or allow the use of, any site | 15 | | subject to an environmental covenant created under the Uniform | 16 | | Environmental Covenants Act in a manner that is inconsistent | 17 | | with the activity and use limitations imposed under the | 18 | | environmental covenant. For purposes of this Section, the terms | 19 | | "activity and use limitations" and "environmental covenant" | 20 | | shall mean "activity and use limitations" and "environmental | 21 | | covenant" as those terms are defined in the Uniform | 22 | | Environmental Covenants Act.
| 23 | | (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| 24 | | Sec. 44. Criminal acts; penalties.
|
| | | SB0100 Enrolled | - 50 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (a) Except as otherwise provided in this Section, it shall | 2 | | be
a Class A misdemeanor to violate this Act or
regulations | 3 | | thereunder, or any permit or term or condition thereof, or
| 4 | | knowingly to submit any false information under this Act or | 5 | | regulations
adopted thereunder, or under any permit or term or | 6 | | condition thereof.
A court may, in addition to any other | 7 | | penalty herein imposed, order a person
convicted of any | 8 | | violation of this Act to perform
community service for not less | 9 | | than 100 hours and not more than 300 hours if
community service | 10 | | is available in the jurisdiction.
It shall be the duty of all | 11 | | State and local law-enforcement officers to
enforce such Act | 12 | | and regulations, and all such officers shall have
authority to | 13 | | issue citations for such violations.
| 14 | | (b) Calculated Criminal Disposal of Hazardous Waste.
| 15 | | (1) A person commits the offense of Calculated Criminal | 16 | | Disposal of
Hazardous Waste when, without lawful | 17 | | justification, he knowingly disposes
of hazardous waste | 18 | | while knowing that he thereby places another
person in | 19 | | danger of great bodily harm or creates an immediate or | 20 | | long-term
danger to the public health or the environment.
| 21 | | (2) Calculated Criminal Disposal of Hazardous Waste is | 22 | | a Class 2 felony.
In addition to any other penalties | 23 | | prescribed by law, a person convicted
of the offense of | 24 | | Calculated Criminal Disposal of Hazardous Waste is subject
| 25 | | to a fine not to exceed $500,000 for each day of such |
| | | SB0100 Enrolled | - 51 - | LRB097 00454 JDS 40472 b |
|
| 1 | | offense.
| 2 | | (c) Criminal Disposal of Hazardous Waste.
| 3 | | (1) A person commits the offense of Criminal Disposal | 4 | | of Hazardous Waste
when, without lawful justification, he | 5 | | knowingly disposes of hazardous waste.
| 6 | | (2) Criminal Disposal of Hazardous Waste is a Class 3 | 7 | | felony. In addition
to any other penalties prescribed by | 8 | | law, a person convicted of the offense
of Criminal Disposal | 9 | | of Hazardous Waste is subject to a fine not to exceed
| 10 | | $250,000 for each day of such offense.
| 11 | | (d) Unauthorized Use of Hazardous Waste.
| 12 | | (1) A person commits the offense of Unauthorized Use of | 13 | | Hazardous Waste
when he, being required to have a permit, | 14 | | registration, or license under
this Act or any
other law | 15 | | regulating the treatment, transportation, or storage of | 16 | | hazardous
waste, knowingly:
| 17 | | (A) treats, transports, or stores any hazardous | 18 | | waste without such
permit, registration, or license;
| 19 | | (B) treats, transports, or stores any hazardous | 20 | | waste in violation of
the terms and conditions of such | 21 | | permit or license;
| 22 | | (C) transports any hazardous waste to a facility | 23 | | which does not have a
permit or license required under | 24 | | this Act; or
|
| | | SB0100 Enrolled | - 52 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (D) transports by vehicle any hazardous waste | 2 | | without having in
each vehicle credentials issued to | 3 | | the transporter by the transporter's base
state | 4 | | pursuant to procedures established under the Uniform | 5 | | Program.
| 6 | | (2) A person who is convicted of a violation of | 7 | | subdivision (1)(A), (1)(B)
or (1)(C) of this subsection is | 8 | | guilty of a Class 4 felony. A person who
is convicted of a | 9 | | violation of subdivision (1)(D) is guilty of a Class A
| 10 | | misdemeanor. In addition to any other penalties prescribed | 11 | | by law, a person
convicted of violating subdivision (1)(A), | 12 | | (1)(B) or (1)(C) is subject to
a fine not to exceed | 13 | | $100,000 for each day of such violation, and a
person who | 14 | | is convicted of violating subdivision (1)(D) is subject to | 15 | | a
fine not to exceed $1,000.
| 16 | | (e) Unlawful Delivery of Hazardous Waste.
| 17 | | (1) Except as authorized by this Act or the federal | 18 | | Resource
Conservation and Recovery Act, and the | 19 | | regulations promulgated thereunder,
it is unlawful for any | 20 | | person to knowingly deliver hazardous waste.
| 21 | | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | 22 | | felony. In
addition to any other penalties prescribed by | 23 | | law, a person convicted of
the offense of Unlawful Delivery | 24 | | of Hazardous Waste is subject to a fine
not to exceed | 25 | | $250,000 for each such violation.
|
| | | SB0100 Enrolled | - 53 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (3) For purposes of this Section, "deliver" or | 2 | | "delivery" means the
actual, constructive, or attempted | 3 | | transfer of possession of hazardous
waste, with or without | 4 | | consideration, whether or not there is an agency
| 5 | | relationship.
| 6 | | (f) Reckless Disposal of Hazardous Waste.
| 7 | | (1) A person commits Reckless Disposal of Hazardous | 8 | | Waste if he disposes
of hazardous waste, and his acts which | 9 | | cause the hazardous waste to be disposed
of, whether or not | 10 | | those acts are undertaken pursuant to or under color
of any | 11 | | permit or license, are performed with a conscious disregard | 12 | | of a
substantial and unjustifiable risk that such disposing | 13 | | of
hazardous waste is a gross deviation from the standard | 14 | | of care which a
reasonable person would exercise in the | 15 | | situation.
| 16 | | (2) Reckless Disposal of Hazardous Waste is a Class 4 | 17 | | felony. In addition
to any other penalties prescribed by | 18 | | law, a person convicted of the offense
of Reckless Disposal | 19 | | of Hazardous Waste is subject to a fine not to exceed
| 20 | | $50,000 for each day of such offense.
| 21 | | (g) Concealment of Criminal Disposal of Hazardous Waste.
| 22 | | (1) A person commits the offense of Concealment of | 23 | | Criminal Disposal
of Hazardous Waste when he conceals, | 24 | | without lawful justification, the disposal
of hazardous |
| | | SB0100 Enrolled | - 54 - | LRB097 00454 JDS 40472 b |
|
| 1 | | waste with the knowledge that such hazardous waste has been
| 2 | | disposed of in violation of this Act.
| 3 | | (2) Concealment of Criminal Disposal of a Hazardous | 4 | | Waste is a Class
4 felony. In addition to any other | 5 | | penalties prescribed by law, a person
convicted of the | 6 | | offense of Concealment of Criminal Disposal of Hazardous
| 7 | | Waste is subject to a fine not to exceed $50,000 for each | 8 | | day of such offense.
| 9 | | (h) Violations; False Statements.
| 10 | | (1) Any person who knowingly makes a false material | 11 | | statement in an
application for a permit or license | 12 | | required by this Act to treat, transport,
store, or dispose | 13 | | of hazardous waste commits the offense of perjury and
shall | 14 | | be subject to the penalties set forth in Section 32-2 of | 15 | | the Criminal
Code of 1961.
| 16 | | (2) Any person who knowingly makes a false material | 17 | | statement or
representation in any label, manifest, | 18 | | record, report, permit or license,
or other document filed, | 19 | | maintained or used for the purpose of compliance
with this | 20 | | Act in connection with the generation, disposal, | 21 | | treatment,
storage, or transportation of hazardous waste | 22 | | commits a Class 4 felony. A
second or any subsequent | 23 | | offense after conviction hereunder is a Class 3
felony.
| 24 | | (3) Any person who knowingly destroys, alters or | 25 | | conceals any record
required to be made by this Act in |
| | | SB0100 Enrolled | - 55 - | LRB097 00454 JDS 40472 b |
|
| 1 | | connection with the disposal, treatment,
storage, or | 2 | | transportation of hazardous waste, commits a Class 4 | 3 | | felony.
A second or any subsequent offense after a | 4 | | conviction hereunder is a
Class 3 felony.
| 5 | | (4) Any person who knowingly makes a false material | 6 | | statement or
representation in any application, bill, | 7 | | invoice, or other document filed,
maintained, or used for | 8 | | the purpose of receiving money from the Underground
Storage | 9 | | Tank Fund commits a Class 4 felony. A second or any | 10 | | subsequent
offense after conviction hereunder is a Class 3 | 11 | | felony.
| 12 | | (5) Any person who knowingly destroys, alters, or | 13 | | conceals any record
required to be made or maintained by | 14 | | this Act or required to be made or
maintained by Board or | 15 | | Agency rules for the purpose of receiving money from
the | 16 | | Underground Storage Tank Fund commits a Class 4 felony. A | 17 | | second or any
subsequent offense after a conviction | 18 | | hereunder is a Class 3 felony.
| 19 | | (6) A person who knowingly and falsely certifies under | 20 | | Section 22.48
that an industrial process waste or pollution | 21 | | control waste is not special
waste commits a Class 4 felony | 22 | | for a first offense and commits a Class 3 felony
for a | 23 | | second or subsequent offense.
| 24 | | (7) In addition to any other penalties prescribed by | 25 | | law, a person
convicted of violating this subsection (h) is | 26 | | subject to a fine not to
exceed $50,000 for each day of |
| | | SB0100 Enrolled | - 56 - | LRB097 00454 JDS 40472 b |
|
| 1 | | such violation.
| 2 | | (8) Any person who knowingly makes a false, fictitious, | 3 | | or fraudulent material statement, orally or in writing, to | 4 | | the Agency, or to a unit of local government to which the | 5 | | Agency has delegated authority under subsection (r) of | 6 | | Section 4 of this Act, related to or required by this Act, | 7 | | a regulation adopted under this Act, any federal law or | 8 | | regulation for which the Agency has responsibility, or any | 9 | | permit, term, or condition thereof, commits a Class 4 | 10 | | felony, and each such statement or writing shall be | 11 | | considered a separate Class 4 felony. A person who, after | 12 | | being convicted under this paragraph (8), violates this | 13 | | paragraph (8) a second or subsequent time, commits a Class | 14 | | 3 felony.
| 15 | | (i) Verification.
| 16 | | (1) Each application for a permit or license to dispose
| 17 | | of, transport, treat, store or generate hazardous waste | 18 | | under this Act
shall contain an affirmation that the facts | 19 | | are true and are made under
penalty of perjury as defined | 20 | | in Section 32-2 of the Criminal Code of 1961.
It is perjury | 21 | | for a person to sign any such application for a permit or
| 22 | | license which contains a false material statement, which he | 23 | | does not believe
to be true.
| 24 | | (2) Each request for money from the Underground Storage | 25 | | Tank Fund
shall contain an affirmation that the facts are |
| | | SB0100 Enrolled | - 57 - | LRB097 00454 JDS 40472 b |
|
| 1 | | true and are made under
penalty of perjury as defined in | 2 | | Section 32-2 of the Criminal Code of 1961.
It is perjury | 3 | | for a person to sign any request that contains a false
| 4 | | material statement that he does not believe to be true.
| 5 | | (j) Violations of Other Provisions.
| 6 | | (1) It is unlawful for a person knowingly to violate:
| 7 | | (A) subsection (f) of Section 12 of this Act;
| 8 | | (B) subsection (g) of Section 12 of this Act;
| 9 | | (C) any term or condition of any Underground | 10 | | Injection Control (UIC)
permit;
| 11 | | (D) any filing requirement, regulation, or order | 12 | | relating to the State
Underground Injection Control | 13 | | (UIC) program;
| 14 | | (E) any provision of any regulation, standard, or | 15 | | filing requirement
under subsection (b) of Section 13 | 16 | | of this Act;
| 17 | | (F) any provision of any regulation, standard, or | 18 | | filing requirement
under subsection (b) of Section 39 | 19 | | of this Act;
| 20 | | (G) any National Pollutant Discharge Elimination | 21 | | System (NPDES) permit
issued under this Act or any term | 22 | | or condition of such permit;
| 23 | | (H) subsection (h) of Section 12 of this Act;
| 24 | | (I) subsection 6 of Section 39.5 of this Act;
| 25 | | (J) any provision of any regulation, standard or |
| | | SB0100 Enrolled | - 58 - | LRB097 00454 JDS 40472 b |
|
| 1 | | filing requirement
under Section 39.5 of this Act;
| 2 | | (K) a provision of the Procedures for Asbestos | 3 | | Emission Control in
subsection (c) of
Section 61.145 of | 4 | | Title 40 of the Code of Federal Regulations; or | 5 | | (L) the standard for waste disposal for | 6 | | manufacturing, fabricating, demolition, renovation, | 7 | | and spraying operations in Section 61.150 of Title 40 | 8 | | of the Code of Federal Regulations.
| 9 | | (2) A person convicted of a violation of subdivision | 10 | | (1) of this
subsection commits a Class 4 felony, and in | 11 | | addition to any other penalty
prescribed by law is subject | 12 | | to a fine not to exceed $25,000 for each day
of such | 13 | | violation.
| 14 | | (3) A person who negligently violates the following | 15 | | shall be subject
to a fine not to exceed $10,000 for each | 16 | | day of such violation:
| 17 | | (A) subsection (f) of Section 12 of this Act;
| 18 | | (B) subsection (g) of Section 12 of this Act;
| 19 | | (C) any provision of any regulation, standard, or | 20 | | filing requirement
under subsection (b) of Section 13 | 21 | | of this Act;
| 22 | | (D) any provision of any regulation, standard, or | 23 | | filing requirement
under subsection (b) of Section 39 | 24 | | of this Act;
| 25 | | (E) any National Pollutant Discharge Elimination | 26 | | System (NPDES) permit
issued under this Act;
|
| | | SB0100 Enrolled | - 59 - | LRB097 00454 JDS 40472 b |
|
| 1 | | (F) subsection 6 of Section 39.5 of this Act; or
| 2 | | (G) any provision of any regulation, standard, or | 3 | | filing requirement
under Section 39.5 of this Act.
| 4 | | (4) It is unlawful for a person knowingly to:
| 5 | | (A) make any false statement, representation, or | 6 | | certification
in an application form, or form | 7 | | pertaining to, a National Pollutant Discharge
| 8 | | Elimination System (NPDES) permit;
| 9 | | (B) render inaccurate any monitoring device or | 10 | | record required by the
Agency or Board in connection | 11 | | with any such permit or with any discharge
which is | 12 | | subject to the provisions of subsection (f) of Section | 13 | | 12 of this
Act;
| 14 | | (C) make any false statement, representation, or | 15 | | certification in any
form, notice or report pertaining | 16 | | to a CAAPP permit under Section 39.5 of this
Act;
| 17 | | (D) render inaccurate any monitoring device or | 18 | | record required by
the Agency or Board in connection | 19 | | with any CAAPP permit or with any
emission which is | 20 | | subject to the provisions of Section 39.5 of this Act; | 21 | | or
| 22 | | (E) violate subsection 6 of Section 39.5 of this | 23 | | Act or any CAAPP
permit, or term or condition thereof, | 24 | | or any fee or filing requirement.
| 25 | | (5) A person convicted of a violation of subdivision | 26 | | (4) of this
subsection commits a Class A misdemeanor, and |
| | | SB0100 Enrolled | - 60 - | LRB097 00454 JDS 40472 b |
|
| 1 | | in addition to any other
penalties provided by law is | 2 | | subject to a fine not to exceed $10,000 for
each day of | 3 | | violation.
| 4 | | (k) Criminal operation of a hazardous waste or PCB | 5 | | incinerator.
| 6 | | (1) A person commits the offense of criminal operation | 7 | | of a hazardous
waste or PCB incinerator when, in the course | 8 | | of operating a hazardous waste
or PCB incinerator, he | 9 | | knowingly and without justification operates
the | 10 | | incinerator (i) without an Agency permit, or in knowing | 11 | | violation of
the terms of an Agency permit, and (ii) as a | 12 | | result of such violation,
knowingly places any person in | 13 | | danger of great bodily harm or knowingly
creates an | 14 | | immediate or long term material danger to the public health | 15 | | or
the environment.
| 16 | | (2) Any person who commits the offense of criminal | 17 | | operation of a
hazardous waste or PCB incinerator for the | 18 | | first time commits a Class 4
felony and, in addition to any | 19 | | other penalties prescribed by law, shall be
subject to a | 20 | | fine not to exceed $100,000 for each day of the offense.
| 21 | | Any person who commits the offense of criminal | 22 | | operation of a hazardous
waste or PCB incinerator for a | 23 | | second or subsequent time commits a Class 3
felony and, in | 24 | | addition to any other penalties prescribed by law, shall be
| 25 | | subject to a fine not to exceed $250,000 for each day of |
| | | SB0100 Enrolled | - 61 - | LRB097 00454 JDS 40472 b |
|
| 1 | | the offense.
| 2 | | (3) For the purpose of this subsection (k), the term | 3 | | "hazardous waste
or PCB incinerator" means a pollution | 4 | | control facility at which
either hazardous waste or PCBs, | 5 | | or both, are incinerated. "PCBs" means any
substance or | 6 | | mixture of substances that contains one or more
| 7 | | polychlorinated biphenyls in detectable amounts.
| 8 | | (l) It shall be the duty of all State and local law | 9 | | enforcement officers
to enforce this Act and the regulations | 10 | | adopted hereunder, and all such
officers shall have authority | 11 | | to issue citations for such violations.
| 12 | | (m) Any action brought under this Section shall be brought | 13 | | by the
State's Attorney of the county in which the violation | 14 | | occurred, or by the
Attorney General, and shall be conducted in | 15 | | accordance with the applicable
provisions of the Code of | 16 | | Criminal Procedure of 1963.
| 17 | | (n) For an offense described in this Section, the period | 18 | | for
commencing prosecution prescribed by the statute of | 19 | | limitations shall not
begin to run until the offense is | 20 | | discovered by or reported to a State or
local agency having the | 21 | | authority to investigate violations of this Act.
| 22 | | (o) In addition to any other penalties provided under this
|
| | | SB0100 Enrolled | - 62 - | LRB097 00454 JDS 40472 b |
|
| 1 | | Act, if a person is convicted of (or agrees to a settlement in | 2 | | an enforcement
action over) illegal dumping of waste on the | 3 | | person's own property, the
Attorney General, the Agency or | 4 | | local prosecuting authority shall file notice
of the | 5 | | conviction, finding or agreement in the office of the Recorder | 6 | | in the
county in which the landowner lives.
| 7 | | (p) Criminal Disposal of Waste.
| 8 | | (1) A person commits the offense of Criminal Disposal | 9 | | of Waste when he or
she:
| 10 | | (A) if required to have a permit under subsection | 11 | | (d)
of Section 21 of this Act, knowingly conducts a | 12 | | waste-storage, waste-treatment,
or
waste-disposal | 13 | | operation in a quantity that exceeds 250 cubic feet of | 14 | | waste
without a permit; or
| 15 | | (B) knowingly conducts open dumping of waste in | 16 | | violation of subsection
(a) of
Section 21 of this Act.
| 17 | | (2) (A) A person who is convicted of a violation of | 18 | | item (A) of
subdivision (1) of this subsection is guilty of | 19 | | a Class 4 felony for a first
offense
and, in
addition to | 20 | | any other penalties provided by law, is subject to a fine | 21 | | not to
exceed $25,000 for each day of violation.
A person | 22 | | who is convicted of a violation of item (A) of subdivision | 23 | | (1) of this
subsection is guilty of a Class 3 felony for a | 24 | | second or subsequent offense
and, in addition to any other | 25 | | penalties provided by law, is subject to a fine
not to |
| | | SB0100 Enrolled | - 63 - | LRB097 00454 JDS 40472 b |
|
| 1 | | exceed $50,000 for each day of violation.
| 2 | | (B) A person who is convicted of a
violation of | 3 | | item (B) of subdivision
(1) of this subsection is | 4 | | guilty of a Class A misdemeanor.
However, a person who | 5 | | is convicted of a second or subsequent violation of | 6 | | item
(B) of
subdivision (1) of this
subsection for the | 7 | | open dumping of waste in a quantity that exceeds 250 | 8 | | cubic
feet is guilty of a Class 4 felony
and, in
| 9 | | addition to any other penalties provided by law, is | 10 | | subject to a fine not to
exceed $5,000 for each day of | 11 | | violation.
| 12 | | (q) Criminal Damage to a Public Water Supply. | 13 | | (1) A person commits the offense of Criminal Damage to | 14 | | a Public Water Supply when, without lawful justification, | 15 | | he knowingly alters, damages, or otherwise tampers with the | 16 | | equipment or property of a public water supply, or | 17 | | knowingly introduces a contaminant into the distribution | 18 | | system of a public water supply so as to cause, threaten, | 19 | | or allow the distribution of water from any public water | 20 | | supply of such quality or quantity as to be injurious to | 21 | | human health or the environment. | 22 | | (2) Criminal Damage to a Public Water Supply is a Class | 23 | | 4 felony. In addition to any other penalties prescribed by | 24 | | law, a person convicted of the offense of Criminal Damage | 25 | | to a Public Water Supply is subject to a fine not to exceed |
| | | SB0100 Enrolled | - 64 - | LRB097 00454 JDS 40472 b |
|
| 1 | | $250,000 for each day of such offense. | 2 | | (r) Aggravated Criminal Damage to a Public Water Supply. | 3 | | (1) A person commits the offense of Aggravated Criminal | 4 | | Damage to a Public Water Supply when, without lawful | 5 | | justification, he commits Criminal Damage to a Public Water | 6 | | Supply while knowing that he thereby places another person | 7 | | in danger of serious illness or great bodily harm, or | 8 | | creates an immediate or long-term danger to public health | 9 | | or the environment. | 10 | | (2) Aggravated Criminal Damage to a Public Water Supply | 11 | | is a Class 2 felony. In addition to any other penalties | 12 | | prescribed by law, a person convicted of the offense of | 13 | | Aggravated Criminal Damage to a Public Water Supply is | 14 | | subject to a fine not to exceed $500,000 for each day of | 15 | | such offense. | 16 | | (Source: P.A. 96-603, eff. 8-24-09.)
| 17 | | (415 ILCS 5/47) (from Ch. 111 1/2, par. 1047)
| 18 | | Sec. 47.
(a) The State of Illinois and all its agencies, | 19 | | institutions,
officers and subdivisions shall comply with all | 20 | | requirements, prohibitions,
and other provisions of the Act and | 21 | | of regulations adopted thereunder.
| 22 | | (b) (Blank). Each state agency or institution shall | 23 | | annually assess the
environmental problems created by its | 24 | | operations and the extent to which
its operations are in |
| | | SB0100 Enrolled | - 65 - | LRB097 00454 JDS 40472 b |
|
| 1 | | violation of this Act or of regulations adopted
thereunder, and | 2 | | shall report to the Environmental Protection Agency on or
| 3 | | before December 1 of each year as to the findings of such | 4 | | assessment, the
progress made in eliminating such violations, | 5 | | and the steps to be taken in
the future to assure compliance.
| 6 | | (c) (Blank). Each state agency or institution shall submit | 7 | | to the Environmental
Protection Agency complete plans, | 8 | | specifications and cost estimates for any
proposed | 9 | | installation or facility that may cause a violation of this Act | 10 | | or
of regulations adopted thereunder by December 1 of each | 11 | | year.
| 12 | | (Source: P.A. 76-2429.)
| 13 | | (415 ILCS 5/25b-4 rep.) | 14 | | Section 15. The Environmental Protection Act is amended by | 15 | | repealing Section 25b-4.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
| | | | SB0100 Enrolled | - 66 - | LRB097 00454 JDS 40472 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 225 ILCS 52/35 | | | 4 | | 415 ILCS 5/17.7 | from Ch. 111 1/2, par. 1017.7 | | 5 | | 415 ILCS 5/21 | from Ch. 111 1/2, par. 1021 | | 6 | | 415 ILCS 5/22.2 | from Ch. 111 1/2, par. 1022.2 | | 7 | | 415 ILCS 5/22.50a new | | | 8 | | 415 ILCS 5/44 | from Ch. 111 1/2, par. 1044 | | 9 | | 415 ILCS 5/47 | from Ch. 111 1/2, par. 1047 | | 10 | | 415 ILCS 5/25b-4 rep. | |
| |
|