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90_HB1322eng
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
HB1322 Engrossed 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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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1 12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)