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90_HB2164ccr001 LRB9003592DPmbccr1 1 90TH GENERAL ASSEMBLY 2 CONFERENCE COMMITTEE REPORT 3 ON HOUSE BILL 2164 4 ------------------------------------------------------------- 5 ------------------------------------------------------------- 6 To the President of the Senate and the Speaker of the 7 House of Representatives: 8 We, the conference committee appointed to consider the 9 differences between the houses in relation to Senate 10 Amendment Nos. 1, 2, 3, and 4 to House Bill 2164, recommend 11 the following: 12 (1) that the House concur in Senate Amendment Nos. 1, 2, 13 3, and 4; and 14 (2) that House Bill 2164, AS AMENDED, be further 15 amended, with reference to the page and line numbers of 16 Senate Amendment No. 3, on page 10, in line 31, by changing 17 "or" to "or"; and 18 on page 10, by replacing lines 32 through 34 with the 19 following: 20 "(J) any provision of any regulation, standard 21 or filing requirement under Section 39.5 of this 22 Act; or.23 (K) a provision of the Procedures for Asbestos 24 Emission Control in subsection (c) of Section 61.145 25 of Title 40 of the Code of Federal Regulations."; 26 and 27 on page 13, below line 34, by inserting the following: 28 "(p) Criminal Disposal of Waste. 29 (1) A person commits the offense of Criminal 30 Disposal of Waste when he or she: 31 (A) if required to have a permit under 32 subsection (d) of Section 21 of this Act, knowingly 33 conducts a waste-storage, waste-treatment, or -2- LRB9003592DPmbccr1 1 waste-disposal operation in a quantity that exceeds 2 250 cubic feet of waste without a permit; or 3 (B) knowingly conducts open dumping of waste 4 in violation of subsection (a) of Section 21 of this 5 Act. 6 (2) (A) A person who is convicted of a violation of 7 item (A) of subdivision (1) of this subsection is 8 guilty of a Class 4 felony for a first offense and, 9 in addition to any other penalties provided by law, 10 is subject to a fine not to exceed $25,000 for each 11 day of violation. A person who is convicted of a 12 violation of item (A) of subdivision (1) of this 13 subsection is guilty of a Class 3 felony for a 14 second or subsequent offense and, in addition to any 15 other penalties provided by law, is subject to a 16 fine not to exceed $50,000 for each day of 17 violation. 18 (B) A person who is convicted of a violation 19 of item (B) of subdivision (1) of this subsection is 20 guilty of a Class A misdemeanor. However, a person 21 who is convicted of a second or subsequent violation 22 of item (B) of subdivision (1) of this subsection 23 for the open dumping of waste in a quantity that 24 exceeds 250 cubic feet is guilty of a Class 4 felony 25 and, in addition to any other penalties provided by 26 law, is subject to a fine not to exceed $5,000 for 27 each day of violation.". -3- LRB9003592DPmbccr1 1 Submitted on , 1997. 2 ______________________________ _____________________________ 3 Senator Mahar Representative Novak 4 ______________________________ _____________________________ 5 Senator Rauschenberger Representative Feigenholtz 6 ______________________________ _____________________________ 7 Senator Maitland Representative Hannig 8 ______________________________ _____________________________ 9 Senator Farley Representative Churchill 10 ______________________________ _____________________________ 11 Senator Jacobs Representative Persico 12 Committee for the Senate Committee for the House