State of Illinois
90th General Assembly
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[ Engrossed ]

90_HB1322

      415 ILCS 5/44             from Ch. 111 1/2, par. 1044
          Amends the Environmental Protection  Act  to  create  the
      criminal  offense  of  Criminal  Disposal of Waste and to set
      forth penalties for conviction under that  offense.  Provides
      that  a  person  who  knowingly  violates  a provision of the
      federal Procedures for Asbestos Emission Control is guilty of
      a Class 4 felony.
                                                    LRB9002919DPccA
                                              LRB9002919DPccA
 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Section 44.
 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 by
 6    changing Section 44 as follows:
 7        (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
 8        Sec. 44. Penalties.
 9        (a) Except as otherwise  provided  in  this  Section,  it
10    shall  be  a  Class  A  misdemeanor  to  violate  this Act or
11    regulations thereunder, or any permit or  term  or  condition
12    thereof,  or  knowingly to submit any false information under
13    this Act or regulations  adopted  thereunder,  or  under  any
14    permit or term or condition thereof. A court may, in addition
15    to any other penalty herein imposed, order a person convicted
16    of  open  dumping  of  construction  debris under this Act to
17    perform community service for not less than 50 hours and  not
18    more  than 300 hours if community service is available in the
19    jurisdiction. It shall be the duty of  all  State  and  local
20    law-enforcement officers to enforce such Act and regulations,
21    and all such officers shall have authority to issue citations
22    for such violations.
23        (b)  Calculated Criminal Disposal of Hazardous Waste.
24             (1)  A  person  commits  the  offense  of Calculated
25        Criminal Disposal of Hazardous Waste when, without lawful
26        justification, he knowingly disposes of  hazardous  waste
27        while  knowing  that  he thereby places another person in
28        danger of great bodily harm or creates  an  immediate  or
29        long-term danger to the public health or the environment.
30             (2)  Calculated Criminal Disposal of Hazardous Waste
31        is  a  Class 2 felony. In addition to any other penalties
                            -2-               LRB9002919DPccA
 1        prescribed by law, a person convicted of the  offense  of
 2        Calculated   Criminal  Disposal  of  Hazardous  Waste  is
 3        subject to a fine not to exceed $500,000 for each day  of
 4        such offense.
 5        (c)  Criminal Disposal of Hazardous Waste.
 6             (1)  A   person  commits  the  offense  of  Criminal
 7        Disposal  of  Hazardous  Waste   when,   without   lawful
 8        justification, he knowingly disposes of hazardous waste.
 9             (2)  Criminal Disposal of Hazardous Waste is a Class
10        3  felony.  In addition to any other penalties prescribed
11        by law, a person convicted of  the  offense  of  Criminal
12        Disposal  of  Hazardous Waste is subject to a fine not to
13        exceed $250,000 for each day of such offense.
14        (d)  Unauthorized Use of Hazardous Waste.
15             (1)  A person commits the  offense  of  Unauthorized
16        Use  of Hazardous Waste when he, being required to have a
17        permit or  license  under  this  Act  or  any  other  law
18        regulating  the  treatment, transportation, or storage of
19        hazardous waste, knowingly:
20                  (A)  treats,   transports,   or   stores    any
21             hazardous waste without such permit or license;
22                  (B)  treats,    transports,   or   stores   any
23             hazardous  waste  in  violation  of  the  terms  and
24             conditions of such permit or license;
25                  (C)  transports  any  hazardous  waste   to   a
26             facility  which  does  not  have a permit or license
27             required under this Act; or
28                  (D)  transports  any  hazardous  waste  without
29             having on his person such permit or license.
30             (2)  A person who is convicted  of  a  violation  of
31        subdivision  (1)(A),  (1)(B) or (1)(C) of this subsection
32        is guilty of a Class 4 felony.  A person who is convicted
33        of a violation of subdivision (1)(D) is guilty of a Class
                            -3-               LRB9002919DPccA
 1        A  misdemeanor.   In  addition  to  any  other  penalties
 2        prescribed  by  law,  a  person  convicted  of  violating
 3        subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
 4        not to exceed $100,000 for each day  of  such  violation,
 5        and  a  person  who is convicted of violating subdivision
 6        (1)(D) is subject to a fine not to exceed $1,000.
 7        (e)  Unlawful Delivery of Hazardous Waste.
 8             (1)  Except as authorized by this Act or the federal
 9        Resource  Conservation  and   Recovery   Act,   and   the
10        regulations  promulgated  thereunder,  it is unlawful for
11        any person to knowingly deliver hazardous waste.
12             (2)  Unlawful Delivery of Hazardous Waste is a Class
13        3 felony.  In addition to any other penalties  prescribed
14        by  law,  a  person  convicted of the offense of Unlawful
15        Delivery of Hazardous Waste is subject to a fine  not  to
16        exceed $250,000 for each such violation.
17             (3)  For  purposes  of  this  Section,  "deliver" or
18        "delivery" means the actual, constructive,  or  attempted
19        transfer  of  possession  of  hazardous  waste,  with  or
20        without  consideration, whether or not there is an agency
21        relationship.
22        (f)  Reckless Disposal of Hazardous Waste.
23             (1)  A person commits Reckless Disposal of Hazardous
24        Waste if he disposes of hazardous  waste,  and  his  acts
25        which  cause  the  hazardous  waste  to  be  disposed of,
26        whether or not those acts are undertaken pursuant  to  or
27        under  color of any permit or license, are performed with
28        a conscious disregard of a substantial and  unjustifiable
29        risk  that  such  disposing of hazardous waste is a gross
30        deviation from the standard of care  which  a  reasonable
31        person would exercise in the situation.
32             (2)  Reckless Disposal of Hazardous Waste is a Class
33        4  felony.  In addition to any other penalties prescribed
                            -4-               LRB9002919DPccA
 1        by law, a person convicted of  the  offense  of  Reckless
 2        Disposal  of  Hazardous Waste is subject to a fine not to
 3        exceed $50,000 for each day of such offense.
 4        (g)  Concealment of Criminal Disposal of Hazardous Waste.
 5             (1)  A person commits the offense of Concealment  of
 6        Criminal  Disposal  of  Hazardous Waste when he conceals,
 7        without lawful justification, the disposal  of  hazardous
 8        waste  with  the  knowledge that such hazardous waste has
 9        been disposed of in violation of this Act.
10             (2)  Concealment of Criminal Disposal of a Hazardous
11        Waste is a Class 4 felony.   In  addition  to  any  other
12        penalties  prescribed  by  law, a person convicted of the
13        offense of Concealment of Criminal Disposal of  Hazardous
14        Waste is subject to a fine not to exceed $50,000 for each
15        day of such offense.
16        (h)  Violations; False Statements.
17             (1)  Any person who knowingly makes a false material
18        statement  in  an  application  for  a  permit or license
19        required by this  Act  to  treat,  transport,  store,  or
20        dispose of hazardous waste commits the offense of perjury
21        and  shall  be  subject  to  the  penalties  set forth in
22        Section 32-2 of the Criminal Code of 1961.
23             (2)  Any person who knowingly makes a false material
24        statement  or  representation  in  any  label,  manifest,
25        record, report, permit  or  license,  or  other  document
26        filed,  maintained  or used for the purpose of compliance
27        with  this  Act  in  connection  with   the   generation,
28        disposal,   treatment,   storage,  or  transportation  of
29        hazardous waste commits a Class 4 felony.   A  second  or
30        any  subsequent  offense  after conviction hereunder is a
31        Class 3 felony.
32             (3)  Any person who knowingly  destroys,  alters  or
33        conceals  any  record  required to be made by this Act in
                            -5-               LRB9002919DPccA
 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
 9        Storage  Tank  Fund commits a Class 4 felony. A second or
10        any subsequent offense after conviction  hereunder  is  a
11        Class 3 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)  In  addition  to any other penalties prescribed
20        by law, a person convicted of violating  this  subsection
21        (h)  is  subject to a fine not to exceed $50,000 for each
22        day of such violation.
23        (i)  Verification.
24             (1)  Each application for a  permit  or  license  to
25        dispose of, transport, treat, store or generate hazardous
26        waste  under  this  Act shall contain an affirmation that
27        the facts are true and are made under penalty of  perjury
28        as  defined in Section 32-2 of the Criminal Code of 1961.
29        It is perjury for a person to sign any  such  application
30        for  a  permit or license which contains a false material
31        statement, which he does not believe to be true.
32             (2)  Each request for  money  from  the  Underground
33        Storage  Tank  Fund shall contain an affirmation that the
34        facts are true and are made under penalty of  perjury  as
                            -6-               LRB9002919DPccA
 1        defined  in Section 32-2 of the Criminal Code of 1961. It
 2        is perjury for a person to sign any request that contains
 3        a false material statement that he does not believe to be
 4        true.
 5        (j)  Violations of Other Provisions.
 6             (1)  It  is  unlawful  for  a  person  knowingly  to
 7        violate:
 8                  (A)  subsection (f) of Section 12 of this Act;
 9                  (B)  subsection (g) of Section 12 of this Act;
10                  (C)  any term or condition of  any  Underground
11             Injection Control (UIC) permit;
12                  (D)  any  filing  requirement,  regulation,  or
13             order  relating  to  the State Underground Injection
14             Control (UIC) program;
15                  (E)  any provision of any regulation, standard,
16             or  filing  requirement  under  subsection  (b)   of
17             Section 13 of this Act;
18                  (F)  any provision of any regulation, standard,
19             or   filing  requirement  under  subsection  (b)  of
20             Section 39 of this Act;
21                  (G)  any    National    Pollutant     Discharge
22             Elimination  System (NPDES) permit issued under this
23             Act or any term or condition of such permit;
24                  (H)  subsection (h) of Section 12 of this Act;
25                  (I)  subsection 6 of Section 39.5 of this  Act;
26             or
27                  (J)  any  provision of any regulation, standard
28             or filing requirement under  Section  39.5  of  this
29             Act; or.
30                  (K)  a provision of the Procedures for Asbestos
31             Emission Control in subsection (c) of Section 61.145
32             of Title 40 of the Code of Federal Regulations.
33             (2)  A   person   convicted   of   a   violation  of
34        subdivision (1) of this  subsection  commits  a  Class  4
                            -7-               LRB9002919DPccA
 1        felony,  and  in addition to any other penalty prescribed
 2        by law is subject to a fine not  to  exceed  $25,000  for
 3        each day of such violation.
 4             (3)  A person who negligently violates the following
 5        shall be subject to a fine not to exceed $10,000 for each
 6        day of such violation:
 7                  (A)  subsection (f) of Section 12 of this Act;
 8                  (B)  subsection (g) of Section 12 of this Act;
 9                  (C)  any provision of any regulation, standard,
10             or   filing  requirement  under  subsection  (b)  of
11             Section 13 of this Act;
12                  (D)  any provision of any regulation, standard,
13             or  filing  requirement  under  subsection  (b)   of
14             Section 39 of this Act;
15                  (E)  any     National    Pollutant    Discharge
16             Elimination System (NPDES) permit issued under  this
17             Act;
18                  (F)  subsection  6 of Section 39.5 of this Act;
19             or
20                  (G)  any provision of any regulation, standard,
21             or filing requirement under  Section  39.5  of  this
22             Act.
23             (4)  It is unlawful for a person knowingly to:
24                  (A)  make  any false statement, representation,
25             or certification in an  application  form,  or  form
26             pertaining   to,   a  National  Pollutant  Discharge
27             Elimination System (NPDES) permit;
28                  (B)  render inaccurate any monitoring device or
29             record required by the Agency or Board in connection
30             with any such permit or with any discharge which  is
31             subject  to  the  provisions  of  subsection  (f) of
32             Section 12 of this Act;
33                  (C)  make any false statement,  representation,
34             or  certification  in  any  form,  notice  or report
                            -8-               LRB9002919DPccA
 1             pertaining to a CAAPP permit under Section  39.5  of
 2             this Act;
 3                  (D)  render inaccurate any monitoring device or
 4             record required by the Agency or Board in connection
 5             with  any CAAPP permit or with any emission which is
 6             subject to the provisions of Section  39.5  of  this
 7             Act; or
 8                  (E)  violate  subsection  6  of Section 39.5 of
 9             this Act or any CAAPP permit, or term  or  condition
10             thereof, or any fee or filing requirement.
11             (5)  A   person   convicted   of   a   violation  of
12        subdivision (4) of this  subsection  commits  a  Class  A
13        misdemeanor,  and  in  addition  to  any  other penalties
14        provided by law is  subject  to  a  fine  not  to  exceed
15        $10,000 for each day of violation.
16        (k)  Criminal  operation  of  a  hazardous  waste  or PCB
17    incinerator.
18             (1)  A  person  commits  the  offense  of   criminal
19        operation  of  a hazardous waste or PCB incinerator when,
20        in the course of  operating  a  hazardous  waste  or  PCB
21        incinerator,   he  knowingly  and  without  justification
22        operates the incinerator (i) without an Agency permit, or
23        in knowing violation of the terms of  an  Agency  permit,
24        and  (ii) as a result of such violation, knowingly places
25        any person in danger of great bodily  harm  or  knowingly
26        creates  an immediate or long term material danger to the
27        public health or the environment.
28             (2)  Any person who commits the offense of  criminal
29        operation of a hazardous waste or PCB incinerator for the
30        first  time  commits a Class 4 felony and, in addition to
31        any other penalties prescribed by law, shall  be  subject
32        to  a  fine  not  to  exceed $100,000 for each day of the
33        offense.
34             Any person  who  commits  the  offense  of  criminal
                            -9-               LRB9002919DPccA
 1        operation  of  a hazardous waste or PCB incinerator for a
 2        second or subsequent time commits a Class 3  felony  and,
 3        in  addition  to  any  other penalties prescribed by law,
 4        shall be subject to a fine not  to  exceed  $250,000  for
 5        each day of the offense.
 6             (3)  For  the  purpose  of  this subsection (k), the
 7        term  "hazardous  waste  or  PCB  incinerator"  means   a
 8        pollution  control  facility  at  which  either hazardous
 9        waste or PCBs, or both, are incinerated. "PCBs" means any
10        substance or mixture of substances that contains  one  or
11        more polychlorinated biphenyls in detectable amounts.
12        (l)  It  shall  be  the  duty  of all State and local law
13    enforcement officers to enforce this Act and the  regulations
14    adopted hereunder, and all such officers shall have authority
15    to issue citations for such violations.
16        (m)  Any  action  brought  under  this  Section  shall be
17    brought by the State's Attorney of the county  in  which  the
18    violation  occurred, or by the Attorney General, and shall be
19    conducted in accordance with the applicable provisions of the
20    Code of Criminal Procedure of 1963.
21        (n)  For an offense described in this Section, the period
22    for commencing  prosecution  prescribed  by  the  statute  of
23    limitations  shall  not  begin  to  run  until the offense is
24    discovered by or reported to a State or local  agency  having
25    the authority to investigate violations of this Act.
26        (o)  In  addition  to  any other penalties provided under
27    this Act, if a  person  is  convicted  of  (or  agrees  to  a
28    settlement  in an enforcement action over) illegal dumping of
29    waste on the person's own property, the Attorney General, the
30    Agency or local prosecuting authority shall  file  notice  of
31    the  conviction,  finding  or  agreement in the office of the
32    Recorder in the county in which the landowner lives.
33        (p)  Criminal Disposal of Waste.
34             (1)  A  person  commits  the  offense  of   Criminal
                            -10-              LRB9002919DPccA
 1        Disposal of Waste when he or she:
 2                  (A)  if  required  to  have a permit or license
 3             under subsection (d) of  Section  21  of  this  Act,
 4             knowingly conducts a waste-storage, waste-treatment,
 5             or  waste-disposal  operation  without  a  permit or
 6             license as part of a commercial enterprise; or
 7                  (B)  knowingly conducts open dumping  of  waste
 8             in violation of subsection (a) of Section 21 of this
 9             Act.
10             (2)  (A) A person who is convicted of a violation of
11             item  (A)  of  subdivision (1) of this subsection is
12             guilty of a Class 4 felony for a first offense  and,
13             in  addition to any other penalties provided by law,
14             is subject to a fine not to exceed $25,000 for  each
15             day  of  violation.  A  person who is convicted of a
16             violation of item (A) of  subdivision  (1)  of  this
17             subsection  is  guilty  of  a  Class  3 felony for a
18             second or subsequent offense and, in addition to any
19             other penalties provided by law,  is  subject  to  a
20             fine   not   to  exceed  $50,000  for  each  day  of
21             violation.
22                  (B)  A person  who  is  convicted  of  a  first
23             violation  of  item  (B)  of subdivision (1) of this
24             subsection is guilty of a  Class  A  misdemeanor.  A
25             person  who  is convicted of a violation of item (B)
26             of subdivision (1) of this subsection is guilty of a
27             Class 4 felony for a second  or  subsequent  offense
28             and,  in addition to any other penalties provided by
29             law, is subject to a fine not to exceed $25,000  for
30             each day of violation.
31             (3)  As   used   in   this  subsection,  "commercial
32        enterprise"  means  a  person  engaged  in  business  for
33        profit.
34    (Source: P.A.  88-45;  88-668,  eff.  9-16-94;  88-681,  eff.
                            -11-              LRB9002919DPccA
 1    12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)

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