State of Illinois
90th General Assembly
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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

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