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| [ Introduced ] | [ House Amendment 002 ] |
90_HB1122eng
415 ILCS 5/3.45 from Ch. 111 1/2, par. 1003.45
415 ILCS 5/22.48 new
415 ILCS 5/44 from Ch. 111 1/2, par. 1044
Amends the Environmental Protection Act to redefine
"special waste". Provides that certain industrial process
waste and pollution control waste shall be managed as
special waste unless the generator provides a specified
certification. Effective immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 3.45 and 44 and adding Section 22.48.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Sections 3.45 and 44 and adding Section 22.48 as
7 follows:
8 (415 ILCS 5/3.45) (from Ch. 111 1/2, par. 1003.45)
9 Sec. 3.45. Special waste. "Special waste" means any of
10 the following:
11 (a) potentially infectious medical waste;
12 (b) hazardous waste, as determined in conformance with
13 RCRA hazardous waste determination requirements set forth in
14 Section 722.111 of Title 35 of the Illinois Administrative
15 Code, including a residue from burning or processing
16 hazardous waste in a boiler or industrial furnace unless the
17 residue has been tested in accordance with Section 726.212 of
18 Title 35 of the Illinois Administrative Code and proven to be
19 nonhazardous;
20 (c) industrial process waste or pollution control waste,
21 except:
22 (1) any such waste certified by its generator,
23 pursuant to Section 22.48 of this Act, not to be any of
24 the following:
25 (A) a liquid, as determined using the paint
26 filter test set forth in subdivision (3)(A) of
27 subsection (m) of Section 811.107 of Title 35 of the
28 Illinois Administrative Code;
29 (B) regulated asbestos-containing waste
30 materials, as defined under the National Emission
31 Standards for Hazardous Air Pollutants in 40 CFR
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1 Section 61.141;
2 (C) polychlorinated biphenyls (PCB's)
3 regulated pursuant to 40 CFR Part 761;
4 (D) an industrial process waste or pollution
5 control waste subject to the waste analysis and
6 recordkeeping requirements of Section 728.107 of
7 Title 35 of the Illinois Administrative Code under
8 the land disposal restrictions of Part 728 of Title
9 35 of the Illinois Administrative Code; and
10 (E) a waste material generated by processing
11 recyclable metals by shredding and required to be
12 managed as a special waste under Section 22.29 of
13 this Act;
14 (2) any empty portable device or container,
15 including but not limited to a drum, in which a special
16 waste has been stored, transported, treated, disposed of,
17 or otherwise handled, provided that the generator has
18 certified that the device or container is empty and does
19 not contain a liquid, as determined pursuant to item (C)
20 of subdivision (1) of this subsection. For purposes of
21 this subdivision, "empty portable device or container"
22 means a device or container in which removal of special
23 waste, except for a residue that shall not exceed one
24 inch in thickness, has been accomplished by a practice
25 commonly employed to remove materials of that type. An
26 inner liner used to prevent contact between the special
27 waste and the container shall be removed and managed as a
28 special waste; or
29 (3) as may otherwise be determined under Section
30 22.9 of this Act. industrial process waste, pollution
31 control waste or hazardous waste, except as may be
32 determined pursuant to Section 22.9 of this Act.
33 "Special waste" also means any potentially infectious
34 medical waste.
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1 "Special waste" does not mean fluorescent and high
2 intensity discharge lamps as defined in subsection (a) of
3 Section 22.23a 22.23a(a) of this Act, waste that is managed
4 in accordance with the universal waste requirements set forth
5 in Title 35 of the Illinois Administrative Code, Subtitle G,
6 Chapter I, Subchapter c, Part 733, or waste that is subject
7 to rules adopted pursuant to subsection (c)(2) of Section
8 22.23a of this Act.
9 (Source: P.A. 89-619, eff. 1-1-97.)
10 (415 ILCS 5/22.48 new)
11 Sec. 22.48. Non-special waste certification; effect on
12 permit.
13 (a) An industrial process waste or pollution control
14 waste not within the exception set forth in subdivision (2)
15 of subsection (c) of Section 3.45 of this Act must be managed
16 as special waste unless the generator first certifies in a
17 signed, dated, written statement that the waste is outside
18 the scope of the categories listed in subdivision (1) of
19 subsection (c) of Section 3.45 of this Act.
20 (b) All information used to determine that the waste is
21 not a special waste shall be attached to the certification.
22 The information shall include but not be limited to:
23 (1) the means by which the generator has determined
24 that the waste is not a hazardous waste;
25 (2) the means by which the generator has determined
26 that the waste is not a liquid;
27 (3) if the waste undergoes testing, the analytic
28 results obtained from testing, signed and dated by the
29 person responsible for completing the analysis;
30 (4) if the waste does not undergo testing, an
31 explanation as to why no testing is needed;
32 (5) a description of the process generating the
33 waste; and
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1 (6) relevant Material Data Safety Sheets.
2 (c) Certification made pursuant to this Section shall be
3 effective from the date signed until there is a change in the
4 generator, in the raw materials used, or in the process
5 generating the waste.
6 (d) Certification made pursuant to this Section, with
7 the requisite attachments, shall be maintained by the
8 certifying generator while effective and for at least 3 years
9 following a change in the generator, a change in the raw
10 materials used, or a change in or termination of the process
11 generating the waste. The generator shall provide a copy of
12 the certification, upon request by the Agency, the waste
13 hauler, or the operator of the facility receiving the waste
14 for storage, treatment, or disposal, to the party requesting
15 the copy. If the Agency believes that the waste that is the
16 subject of the certification has been inaccurately certified
17 to, the Agency may require the generator to analytically test
18 the waste the constituent believed to be present and provide
19 the Agency with a copy of the analytic results.
20 (e) A person who knowingly and falsely certifies that a
21 waste is not special waste is subject to the penalties set
22 forth in subdivision (6) of subsection (h) of Section 44 of
23 this Act.
24 (f) To the extent that a term or condition of an
25 existing permit requires the permittee to manage as special
26 waste a material that is made a non-special waste under this
27 amendatory Act of 1997, that term or condition is hereby
28 superseded, and the permittee may manage that material as a
29 non-special waste, even if the material is identified in the
30 permit as part of a particular waste stream rather than
31 identified specifically as a special waste.
32 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
33 Sec. 44. Crimes; penalties.
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1 (a) Except as otherwise provided in this Section, it
2 shall be a Class A misdemeanor to violate this Act or
3 regulations thereunder, or any permit or term or condition
4 thereof, or knowingly to submit any false information under
5 this Act or regulations adopted thereunder, or under any
6 permit or term or condition thereof. A court may, in addition
7 to any other penalty herein imposed, order a person convicted
8 of open dumping of construction debris under this Act to
9 perform community service for not less than 50 hours and not
10 more than 300 hours if community service is available in the
11 jurisdiction. It shall be the duty of all State and local
12 law-enforcement officers to enforce such Act and regulations,
13 and all such officers shall have authority to issue citations
14 for such violations.
15 (b) Calculated Criminal Disposal of Hazardous Waste.
16 (1) A person commits the offense of Calculated
17 Criminal Disposal of Hazardous Waste when, without lawful
18 justification, he knowingly disposes of hazardous waste
19 while knowing that he thereby places another person in
20 danger of great bodily harm or creates an immediate or
21 long-term danger to the public health or the environment.
22 (2) Calculated Criminal Disposal of Hazardous Waste
23 is a Class 2 felony. In addition to any other penalties
24 prescribed by law, a person convicted of the offense of
25 Calculated Criminal Disposal of Hazardous Waste is
26 subject to a fine not to exceed $500,000 for each day of
27 such offense.
28 (c) Criminal Disposal of Hazardous Waste.
29 (1) A person commits the offense of Criminal
30 Disposal of Hazardous Waste when, without lawful
31 justification, he knowingly disposes of hazardous waste.
32 (2) Criminal Disposal of Hazardous Waste is a Class
33 3 felony. In addition to any other penalties prescribed
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1 by law, a person convicted of the offense of Criminal
2 Disposal of Hazardous Waste is subject to a fine not to
3 exceed $250,000 for each day of such offense.
4 (d) Unauthorized Use of Hazardous Waste.
5 (1) A person commits the offense of Unauthorized
6 Use of Hazardous Waste when he, being required to have a
7 permit or license under this Act or any other law
8 regulating the treatment, transportation, or storage of
9 hazardous waste, knowingly:
10 (A) treats, transports, or stores any
11 hazardous waste without such permit or license;
12 (B) treats, transports, or stores any
13 hazardous waste in violation of the terms and
14 conditions of such permit or license;
15 (C) transports any hazardous waste to a
16 facility which does not have a permit or license
17 required under this Act; or
18 (D) transports any hazardous waste without
19 having on his person such permit or license.
20 (2) A person who is convicted of a violation of
21 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
22 is guilty of a Class 4 felony. A person who is convicted
23 of a violation of subdivision (1)(D) is guilty of a Class
24 A misdemeanor. In addition to any other penalties
25 prescribed by law, a person convicted of violating
26 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
27 not to exceed $100,000 for each day of such violation,
28 and a person who is convicted of violating subdivision
29 (1)(D) is subject to a fine not to exceed $1,000.
30 (e) Unlawful Delivery of Hazardous Waste.
31 (1) Except as authorized by this Act or the federal
32 Resource Conservation and Recovery Act, and the
33 regulations promulgated thereunder, it is unlawful for
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1 any person to knowingly deliver hazardous waste.
2 (2) Unlawful Delivery of Hazardous Waste is a Class
3 3 felony. In addition to any other penalties prescribed
4 by law, a person convicted of the offense of Unlawful
5 Delivery of Hazardous Waste is subject to a fine not to
6 exceed $250,000 for each such violation.
7 (3) For purposes of this Section, "deliver" or
8 "delivery" means the actual, constructive, or attempted
9 transfer of possession of hazardous waste, with or
10 without consideration, whether or not there is an agency
11 relationship.
12 (f) Reckless Disposal of Hazardous Waste.
13 (1) A person commits Reckless Disposal of Hazardous
14 Waste if he disposes of hazardous waste, and his acts
15 which cause the hazardous waste to be disposed of,
16 whether or not those acts are undertaken pursuant to or
17 under color of any permit or license, are performed with
18 a conscious disregard of a substantial and unjustifiable
19 risk that such disposing of hazardous waste is a gross
20 deviation from the standard of care which a reasonable
21 person would exercise in the situation.
22 (2) Reckless Disposal of Hazardous Waste is a Class
23 4 felony. In addition to any other penalties prescribed
24 by law, a person convicted of the offense of Reckless
25 Disposal of Hazardous Waste is subject to a fine not to
26 exceed $50,000 for each day of such offense.
27 (g) Concealment of Criminal Disposal of Hazardous Waste.
28 (1) A person commits the offense of Concealment of
29 Criminal Disposal of Hazardous Waste when he conceals,
30 without lawful justification, the disposal of hazardous
31 waste with the knowledge that such hazardous waste has
32 been disposed of in violation of this Act.
33 (2) Concealment of Criminal Disposal of a Hazardous
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1 Waste is a Class 4 felony. In addition to any other
2 penalties prescribed by law, a person convicted of the
3 offense of Concealment of Criminal Disposal of Hazardous
4 Waste is subject to a fine not to exceed $50,000 for each
5 day of such offense.
6 (h) Violations; False Statements.
7 (1) Any person who knowingly makes a false material
8 statement in an application for a permit or license
9 required by this Act to treat, transport, store, or
10 dispose of hazardous waste commits the offense of perjury
11 and shall be subject to the penalties set forth in
12 Section 32-2 of the Criminal Code of 1961.
13 (2) Any person who knowingly makes a false material
14 statement or representation in any label, manifest,
15 record, report, permit or license, or other document
16 filed, maintained or used for the purpose of compliance
17 with this Act in connection with the generation,
18 disposal, treatment, storage, or transportation of
19 hazardous waste commits a Class 4 felony. A second or
20 any subsequent offense after conviction hereunder is a
21 Class 3 felony.
22 (3) Any person who knowingly destroys, alters or
23 conceals any record required to be made by this Act in
24 connection with the disposal, treatment, storage, or
25 transportation of hazardous waste, commits a Class 4
26 felony. A second or any subsequent offense after a
27 conviction hereunder is a Class 3 felony.
28 (4) Any person who knowingly makes a false material
29 statement or representation in any application, bill,
30 invoice, or other document filed, maintained, or used for
31 the purpose of receiving money from the Underground
32 Storage Tank Fund commits a Class 4 felony. A second or
33 any subsequent offense after conviction hereunder is a
34 Class 3 felony.
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1 (5) Any person who knowingly destroys, alters, or
2 conceals any record required to be made or maintained by
3 this Act or required to be made or maintained by Board or
4 Agency rules for the purpose of receiving money from the
5 Underground Storage Tank Fund commits a Class 4 felony. A
6 second or any subsequent offense after a conviction
7 hereunder is a Class 3 felony.
8 (6) A person who knowingly and falsely certifies
9 under Section 22.48 that an industrial process waste or
10 pollution control waste is not special waste commits a
11 Class 4 felony for a first offense and commits a Class 3
12 felony for a second or subsequent offense.
13 (7) In addition to any other penalties prescribed
14 by law, a person convicted of violating this subsection
15 (h) is subject to a fine not to exceed $50,000 for each
16 day of such violation.
17 (i) Verification.
18 (1) Each application for a permit or license to
19 dispose of, transport, treat, store or generate hazardous
20 waste under this Act shall contain an affirmation that
21 the facts are true and are made under penalty of perjury
22 as defined in Section 32-2 of the Criminal Code of 1961.
23 It is perjury for a person to sign any such application
24 for a permit or license which contains a false material
25 statement, which he does not believe to be true.
26 (2) Each request for money from the Underground
27 Storage Tank Fund shall contain an affirmation that the
28 facts are true and are made under penalty of perjury as
29 defined in Section 32-2 of the Criminal Code of 1961. It
30 is perjury for a person to sign any request that contains
31 a false material statement that he does not believe to be
32 true.
33 (j) Violations of Other Provisions.
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1 (1) It is unlawful for a person knowingly to
2 violate:
3 (A) subsection (f) of Section 12 of this Act;
4 (B) subsection (g) of Section 12 of this Act;
5 (C) any term or condition of any Underground
6 Injection Control (UIC) permit;
7 (D) any filing requirement, regulation, or
8 order relating to the State Underground Injection
9 Control (UIC) program;
10 (E) any provision of any regulation, standard,
11 or filing requirement under subsection (b) of
12 Section 13 of this Act;
13 (F) any provision of any regulation, standard,
14 or filing requirement under subsection (b) of
15 Section 39 of this Act;
16 (G) any National Pollutant Discharge
17 Elimination System (NPDES) permit issued under this
18 Act or any term or condition of such permit;
19 (H) subsection (h) of Section 12 of this Act;
20 (I) subsection 6 of Section 39.5 of this Act;
21 or
22 (J) any provision of any regulation, standard
23 or filing requirement under Section 39.5 of this
24 Act.
25 (2) A person convicted of a violation of
26 subdivision (1) of this subsection commits a Class 4
27 felony, and in addition to any other penalty prescribed
28 by law is subject to a fine not to exceed $25,000 for
29 each day of such violation.
30 (3) A person who negligently violates the following
31 shall be subject to a fine not to exceed $10,000 for each
32 day of such violation:
33 (A) subsection (f) of Section 12 of this Act;
34 (B) subsection (g) of Section 12 of this Act;
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1 (C) any provision of any regulation, standard,
2 or filing requirement under subsection (b) of
3 Section 13 of this Act;
4 (D) any provision of any regulation, standard,
5 or filing requirement under subsection (b) of
6 Section 39 of this Act;
7 (E) any National Pollutant Discharge
8 Elimination System (NPDES) permit issued under this
9 Act;
10 (F) subsection 6 of Section 39.5 of this Act;
11 or
12 (G) any provision of any regulation, standard,
13 or filing requirement under Section 39.5 of this
14 Act.
15 (4) It is unlawful for a person knowingly to:
16 (A) make any false statement, representation,
17 or certification in an application form, or form
18 pertaining to, a National Pollutant Discharge
19 Elimination System (NPDES) permit;
20 (B) render inaccurate any monitoring device or
21 record required by the Agency or Board in connection
22 with any such permit or with any discharge which is
23 subject to the provisions of subsection (f) of
24 Section 12 of this Act;
25 (C) make any false statement, representation,
26 or certification in any form, notice or report
27 pertaining to a CAAPP permit under Section 39.5 of
28 this Act;
29 (D) render inaccurate any monitoring device or
30 record required by the Agency or Board in connection
31 with any CAAPP permit or with any emission which is
32 subject to the provisions of Section 39.5 of this
33 Act; or
34 (E) violate subsection 6 of Section 39.5 of
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1 this Act or any CAAPP permit, or term or condition
2 thereof, or any fee or filing requirement.
3 (5) A person convicted of a violation of
4 subdivision (4) of this subsection commits a Class A
5 misdemeanor, and in addition to any other penalties
6 provided by law is subject to a fine not to exceed
7 $10,000 for each day of violation.
8 (k) Criminal operation of a hazardous waste or PCB
9 incinerator.
10 (1) A person commits the offense of criminal
11 operation of a hazardous waste or PCB incinerator when,
12 in the course of operating a hazardous waste or PCB
13 incinerator, he knowingly and without justification
14 operates the incinerator (i) without an Agency permit, or
15 in knowing violation of the terms of an Agency permit,
16 and (ii) as a result of such violation, knowingly places
17 any person in danger of great bodily harm or knowingly
18 creates an immediate or long term material danger to the
19 public health or the environment.
20 (2) Any person who commits the offense of criminal
21 operation of a hazardous waste or PCB incinerator for the
22 first time commits a Class 4 felony and, in addition to
23 any other penalties prescribed by law, shall be subject
24 to a fine not to exceed $100,000 for each day of the
25 offense.
26 Any person who commits the offense of criminal
27 operation of a hazardous waste or PCB incinerator for a
28 second or subsequent time commits a Class 3 felony and,
29 in addition to any other penalties prescribed by law,
30 shall be subject to a fine not to exceed $250,000 for
31 each day of the offense.
32 (3) For the purpose of this subsection (k), the
33 term "hazardous waste or PCB incinerator" means a
34 pollution control facility at which either hazardous
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1 waste or PCBs, or both, are incinerated. "PCBs" means any
2 substance or mixture of substances that contains one or
3 more polychlorinated biphenyls in detectable amounts.
4 (l) It shall be the duty of all State and local law
5 enforcement officers to enforce this Act and the regulations
6 adopted hereunder, and all such officers shall have authority
7 to issue citations for such violations.
8 (m) Any action brought under this Section shall be
9 brought by the State's Attorney of the county in which the
10 violation occurred, or by the Attorney General, and shall be
11 conducted in accordance with the applicable provisions of the
12 Code of Criminal Procedure of 1963.
13 (n) For an offense described in this Section, the period
14 for commencing prosecution prescribed by the statute of
15 limitations shall not begin to run until the offense is
16 discovered by or reported to a State or local agency having
17 the authority to investigate violations of this Act.
18 (o) In addition to any other penalties provided under
19 this Act, if a person is convicted of (or agrees to a
20 settlement in an enforcement action over) illegal dumping of
21 waste on the person's own property, the Attorney General, the
22 Agency or local prosecuting authority shall file notice of
23 the conviction, finding or agreement in the office of the
24 Recorder in the county in which the landowner lives.
25 (Source: P.A. 88-45; 88-668, eff. 9-16-94; 88-681, eff.
26 12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.