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90_HB2164sam003
LRB9003592DPmbam02
1 AMENDMENT TO HOUSE BILL 2164
2 AMENDMENT NO. . Amend House Bill 2164, AS AMENDED,
3 in the introductory clause to Section 250, by replacing
4 "Section 22.23a" with "Sections 3.45, 22.23a, and 44 and
5 adding Section 22.48"; and
6 immediately below the introductory clause to Section 250, by
7 inserting the following:
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,
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1 pursuant to Section 22.48 of this Act, not to be any of
2 the following:
3 (A) a liquid, as determined using the paint
4 filter test set forth in subdivision (3)(A) of
5 subsection (m) of Section 811.107 of Title 35 of the
6 Illinois Administrative Code;
7 (B) regulated asbestos-containing waste
8 materials, as defined under the National Emission
9 Standards for Hazardous Air Pollutants in 40 CFR
10 Section 61.141;
11 (C) polychlorinated biphenyls (PCB's)
12 regulated pursuant to 40 CFR Part 761;
13 (D) an industrial process waste or pollution
14 control waste subject to the waste analysis and
15 recordkeeping requirements of Section 728.107 of
16 Title 35 of the Illinois Administrative Code under
17 the land disposal restrictions of Part 728 of Title
18 35 of the Illinois Administrative Code; and
19 (E) a waste material generated by processing
20 recyclable metals by shredding and required to be
21 managed as a special waste under Section 22.29 of
22 this Act;
23 (2) any empty portable device or container,
24 including but not limited to a drum, in which a special
25 waste has been stored, transported, treated, disposed of,
26 or otherwise handled, provided that the generator has
27 certified that the device or container is empty and does
28 not contain a liquid, as determined pursuant to item (A)
29 of subdivision (1) of this subsection. For purposes of
30 this subdivision, "empty portable device or container"
31 means a device or container in which removal of special
32 waste, except for a residue that shall not exceed one
33 inch in thickness, has been accomplished by a practice
34 commonly employed to remove materials of that type. An
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1 inner liner used to prevent contact between the special
2 waste and the container shall be removed and managed as a
3 special waste; or
4 (3) as may otherwise be determined under Section
5 22.9 of this Act. industrial process waste, pollution
6 control waste or hazardous waste, except as may be
7 determined pursuant to Section 22.9 of this Act.
8 "Special waste" also means any potentially infectious
9 medical waste.
10 "Special waste" does not mean fluorescent and high
11 intensity discharge lamps as defined in subsection (a) of
12 Section 22.23a 22.23a(a) of this Act, waste that is managed
13 in accordance with the universal waste requirements set forth
14 in Title 35 of the Illinois Administrative Code, Subtitle G,
15 Chapter I, Subchapter c, Part 733, or waste that is subject
16 to rules adopted pursuant to subsection (c)(2) of Section
17 22.23a of this Act.
18 (Source: P.A. 89-619, eff. 1-1-97.)"; and
19 in Section 250, immediately after the end of Sec. 22.23a, by
20 inserting the following:
21 "(415 ILCS 5/22.48 new)
22 Sec. 22.48. Non-special waste certification; effect on
23 permit.
24 (a) An industrial process waste or pollution control
25 waste not within the exception set forth in subdivision (2)
26 of subsection (c) of Section 3.45 of this Act must be managed
27 as special waste unless the generator first certifies in a
28 signed, dated, written statement that the waste is outside
29 the scope of the categories listed in subdivision (1) of
30 subsection (c) of Section 3.45 of this Act.
31 (b) All information used to determine that the waste is
32 not a special waste shall be attached to the certification.
33 The information shall include but not be limited to:
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1 (1) the means by which the generator has determined
2 that the waste is not a hazardous waste;
3 (2) the means by which the generator has determined
4 that the waste is not a liquid;
5 (3) if the waste undergoes testing, the analytic
6 results obtained from testing, signed and dated by the
7 person responsible for completing the analysis;
8 (4) if the waste does not undergo testing, an
9 explanation as to why no testing is needed;
10 (5) a description of the process generating the
11 waste; and
12 (6) relevant Material Data Safety Sheets.
13 (c) Certification made pursuant to this Section shall be
14 effective from the date signed until there is a change in the
15 generator, in the raw materials used, or in the process
16 generating the waste.
17 (d) Certification made pursuant to this Section, with
18 the requisite attachments, shall be maintained by the
19 certifying generator while effective and for at least 3 years
20 following a change in the generator, a change in the raw
21 materials used, or a change in or termination of the process
22 generating the waste. The generator shall provide a copy of
23 the certification, upon request by the Agency, the waste
24 hauler, or the operator of the facility receiving the waste
25 for storage, treatment, or disposal, to the party requesting
26 the copy. If the Agency believes that the waste that is the
27 subject of the certification has been inaccurately certified
28 to, the Agency may require the generator to analytically test
29 the waste for the constituent believed to be present and
30 provide the Agency with a copy of the analytic results.
31 (e) A person who knowingly and falsely certifies that a
32 waste is not special waste is subject to the penalties set
33 forth in subdivision (6) of subsection (h) of Section 44 of
34 this Act.
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1 (f) To the extent that a term or condition of an
2 existing permit requires the permittee to manage as special
3 waste a material that is made a non-special waste under this
4 amendatory Act of 1997, that term or condition is hereby
5 superseded, and the permittee may manage that material as a
6 non-special waste, even if the material is identified in the
7 permit as part of a particular waste stream rather than
8 identified specifically as a special waste.
9 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
10 Sec. 44. Crimes; penalties.
11 (a) Except as otherwise provided in this Section, it
12 shall be a Class A misdemeanor to violate this Act or
13 regulations thereunder, or any permit or term or condition
14 thereof, or knowingly to submit any false information under
15 this Act or regulations adopted thereunder, or under any
16 permit or term or condition thereof. A court may, in addition
17 to any other penalty herein imposed, order a person convicted
18 of open dumping of construction debris under this Act to
19 perform community service for not less than 50 hours and not
20 more than 300 hours if community service is available in the
21 jurisdiction. It shall be the duty of all State and local
22 law-enforcement officers to enforce such Act and regulations,
23 and all such officers shall have authority to issue citations
24 for such violations.
25 (b) Calculated Criminal Disposal of Hazardous Waste.
26 (1) A person commits the offense of Calculated
27 Criminal Disposal of Hazardous Waste when, without lawful
28 justification, he knowingly disposes of hazardous waste
29 while knowing that he thereby places another person in
30 danger of great bodily harm or creates an immediate or
31 long-term danger to the public health or the environment.
32 (2) Calculated Criminal Disposal of Hazardous Waste
33 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) A person who knowingly and falsely certifies
20 under Section 22.48 that an industrial process waste or
21 pollution control waste is not special waste commits a
22 Class 4 felony for a first offense and commits a Class 3
23 felony for a second or subsequent offense.
24 (7) In addition to any other penalties prescribed
25 by law, a person convicted of violating this subsection
26 (h) is subject to a fine not to exceed $50,000 for each
27 day of such violation.
28 (i) Verification.
29 (1) Each application for a permit or license to
30 dispose of, transport, treat, store or generate hazardous
31 waste under this Act shall contain an affirmation that
32 the facts are true and are made under penalty of perjury
33 as defined in Section 32-2 of the Criminal Code of 1961.
34 It is perjury for a person to sign any such application
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1 for a permit or license which contains a false material
2 statement, which he does not believe to be true.
3 (2) Each request for money from the Underground
4 Storage Tank Fund shall contain an affirmation that the
5 facts are true and are made under penalty of perjury as
6 defined in Section 32-2 of the Criminal Code of 1961. It
7 is perjury for a person to sign any request that contains
8 a false material statement that he does not believe to be
9 true.
10 (j) Violations of Other Provisions.
11 (1) It is unlawful for a person knowingly to
12 violate:
13 (A) subsection (f) of Section 12 of this Act;
14 (B) subsection (g) of Section 12 of this Act;
15 (C) any term or condition of any Underground
16 Injection Control (UIC) permit;
17 (D) any filing requirement, regulation, or
18 order relating to the State Underground Injection
19 Control (UIC) program;
20 (E) any provision of any regulation, standard,
21 or filing requirement under subsection (b) of
22 Section 13 of this Act;
23 (F) any provision of any regulation, standard,
24 or filing requirement under subsection (b) of
25 Section 39 of this Act;
26 (G) any National Pollutant Discharge
27 Elimination System (NPDES) permit issued under this
28 Act or any term or condition of such permit;
29 (H) subsection (h) of Section 12 of this Act;
30 (I) subsection 6 of Section 39.5 of this Act;
31 or
32 (J) any provision of any regulation, standard
33 or filing requirement under Section 39.5 of this
34 Act.
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1 (2) A person convicted of a violation of
2 subdivision (1) of this subsection commits a Class 4
3 felony, and in addition to any other penalty prescribed
4 by law is subject to a fine not to exceed $25,000 for
5 each day of such violation.
6 (3) A person who negligently violates the following
7 shall be subject to a fine not to exceed $10,000 for each
8 day of such violation:
9 (A) subsection (f) of Section 12 of this Act;
10 (B) subsection (g) of Section 12 of this Act;
11 (C) any provision of any regulation, standard,
12 or filing requirement under subsection (b) of
13 Section 13 of this Act;
14 (D) any provision of any regulation, standard,
15 or filing requirement under subsection (b) of
16 Section 39 of this Act;
17 (E) any National Pollutant Discharge
18 Elimination System (NPDES) permit issued under this
19 Act;
20 (F) subsection 6 of Section 39.5 of this Act;
21 or
22 (G) any provision of any regulation, standard,
23 or filing requirement under Section 39.5 of this
24 Act.
25 (4) It is unlawful for a person knowingly to:
26 (A) make any false statement, representation,
27 or certification in an application form, or form
28 pertaining to, a National Pollutant Discharge
29 Elimination System (NPDES) permit;
30 (B) render inaccurate any monitoring device or
31 record required by the Agency or Board in connection
32 with any such permit or with any discharge which is
33 subject to the provisions of subsection (f) of
34 Section 12 of this Act;
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1 (C) make any false statement, representation,
2 or certification in any form, notice or report
3 pertaining to a CAAPP permit under Section 39.5 of
4 this Act;
5 (D) render inaccurate any monitoring device or
6 record required by the Agency or Board in connection
7 with any CAAPP permit or with any emission which is
8 subject to the provisions of Section 39.5 of this
9 Act; or
10 (E) violate subsection 6 of Section 39.5 of
11 this Act or any CAAPP permit, or term or condition
12 thereof, or any fee or filing requirement.
13 (5) A person convicted of a violation of
14 subdivision (4) of this subsection commits a Class A
15 misdemeanor, and in addition to any other penalties
16 provided by law is subject to a fine not to exceed
17 $10,000 for each day of violation.
18 (k) Criminal operation of a hazardous waste or PCB
19 incinerator.
20 (1) A person commits the offense of criminal
21 operation of a hazardous waste or PCB incinerator when,
22 in the course of operating a hazardous waste or PCB
23 incinerator, he knowingly and without justification
24 operates the incinerator (i) without an Agency permit, or
25 in knowing violation of the terms of an Agency permit,
26 and (ii) as a result of such violation, knowingly places
27 any person in danger of great bodily harm or knowingly
28 creates an immediate or long term material danger to the
29 public health or the environment.
30 (2) Any person who commits the offense of criminal
31 operation of a hazardous waste or PCB incinerator for the
32 first time commits a Class 4 felony and, in addition to
33 any other penalties prescribed by law, shall be subject
34 to a fine not to exceed $100,000 for each day of the
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1 offense.
2 Any person who commits the offense of criminal
3 operation of a hazardous waste or PCB incinerator for a
4 second or subsequent time commits a Class 3 felony and,
5 in addition to any other penalties prescribed by law,
6 shall be subject to a fine not to exceed $250,000 for
7 each day of the offense.
8 (3) For the purpose of this subsection (k), the
9 term "hazardous waste or PCB incinerator" means a
10 pollution control facility at which either hazardous
11 waste or PCBs, or both, are incinerated. "PCBs" means any
12 substance or mixture of substances that contains one or
13 more polychlorinated biphenyls in detectable amounts.
14 (l) It shall be the duty of all State and local law
15 enforcement officers to enforce this Act and the regulations
16 adopted hereunder, and all such officers shall have authority
17 to issue citations for such violations.
18 (m) Any action brought under this Section shall be
19 brought by the State's Attorney of the county in which the
20 violation occurred, or by the Attorney General, and shall be
21 conducted in accordance with the applicable provisions of the
22 Code of Criminal Procedure of 1963.
23 (n) For an offense described in this Section, the period
24 for commencing prosecution prescribed by the statute of
25 limitations shall not begin to run until the offense is
26 discovered by or reported to a State or local agency having
27 the authority to investigate violations of this Act.
28 (o) In addition to any other penalties provided under
29 this Act, if a person is convicted of (or agrees to a
30 settlement in an enforcement action over) illegal dumping of
31 waste on the person's own property, the Attorney General, the
32 Agency or local prosecuting authority shall file notice of
33 the conviction, finding or agreement in the office of the
34 Recorder in the county in which the landowner lives.
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1 (Source: P.A. 88-45; 88-668, eff. 9-16-94; 88-681, eff.
2 12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)".