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90_SB0378eng
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
415 ILCS 5/22.2 from Ch. 111 1/2, par. 1022.2
415 ILCS 5/44 from Ch. 111 1/2, par. 1044
Amends the Environmental Protection Act to require the
Environmental Protection Agency to implement the Uniform
State Hazardous Materials Transportation Registration and
Permit Program. Requires persons engaged in the
transportation of hazardous waste to register and obtain a
permit under the Uniform Program before transporting the
waste. Provides that the Agency shall collect an application
fee of no more than $250 and an apportioned, annual $20
registration fee from transporters under the Uniform Program.
Allows the Agency to enter into reciprocal agreements with
federal agencies, national repositories, or other states to
implement the Uniform Program. Defines terms. Effective
immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 21, 22.2, and 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 Sections 21, 22.2, and 44 as follows:
7 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
8 Sec. 21. No person shall:
9 (a) Cause or allow the open dumping of any waste.
10 (b) Abandon, dump, or deposit any waste upon the public
11 highways or other public property, except in a sanitary
12 landfill approved by the Agency pursuant to regulations
13 adopted by the Board.
14 (c) Abandon any vehicle in violation of the "Abandoned
15 Vehicles Amendment to the Illinois Vehicle Code", as enacted
16 by the 76th General Assembly.
17 (d) Conduct any waste-storage, waste-treatment, or
18 waste-disposal operation:
19 (1) without a permit granted by the Agency or in
20 violation of any conditions imposed by such permit,
21 including periodic reports and full access to adequate
22 records and the inspection of facilities, as may be
23 necessary to assure compliance with this Act and with
24 regulations and standards adopted thereunder; provided,
25 however, that, except for municipal solid waste landfill
26 units that receive waste on or after October 9, 1993, no
27 permit shall be required for (i) any person conducting a
28 waste-storage, waste-treatment, or waste-disposal
29 operation for wastes generated by such person's own
30 activities which are stored, treated, or disposed within
31 the site where such wastes are generated, or (ii) for a
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1 corporation organized under the General Not For Profit
2 Corporation Act of 1986, as now or hereafter amended, or
3 a predecessor Act, constructing a land form in
4 conformance with local zoning provisions, within a
5 municipality having a population of more than 1,000,000
6 inhabitants, with clean construction or demolition debris
7 generated within the municipality, provided that the
8 corporation has contracts for economic development
9 planning with the municipality; or
10 (2) in violation of any regulations or standards
11 adopted by the Board under this Act; or
12 (3) which receives waste after August 31, 1988,
13 does not have a permit issued by the Agency, and is (i) a
14 landfill used exclusively for the disposal of waste
15 generated at the site, (ii) a surface impoundment
16 receiving special waste not listed in an NPDES permit,
17 (iii) a waste pile in which the total volume of waste is
18 greater than 100 cubic yards or the waste is stored for
19 over one year, or (iv) a land treatment facility
20 receiving special waste generated at the site; without
21 giving notice of the operation to the Agency by January
22 1, 1989, or 30 days after the date on which the operation
23 commences, whichever is later, and every 3 years
24 thereafter. The form for such notification shall be
25 specified by the Agency, and shall be limited to
26 information regarding: the name and address of the
27 location of the operation; the type of operation; the
28 types and amounts of waste stored, treated or disposed of
29 on an annual basis; the remaining capacity of the
30 operation; and the remaining expected life of the
31 operation.
32 Paragraph (3) of this subsection (d) shall not apply to
33 any person engaged in agricultural activity who is disposing
34 of a substance that constitutes solid waste, if the substance
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1 was acquired for use by that person on his own property, and
2 the substance is disposed of on his own property in
3 accordance with regulations or standards adopted by the
4 Board.
5 This subsection (d) shall not apply to hazardous waste.
6 (e) Dispose, treat, store or abandon any waste, or
7 transport any waste into this State for disposal, treatment,
8 storage or abandonment, except at a site or facility which
9 meets the requirements of this Act and of regulations and
10 standards thereunder.
11 (f) Conduct any hazardous waste-storage, hazardous
12 waste-treatment or hazardous waste-disposal operation:
13 (1) without a RCRA permit for the site issued by
14 the Agency under subsection (d) of Section 39 of this
15 Act, or in violation of any condition imposed by such
16 permit, including periodic reports and full access to
17 adequate records and the inspection of facilities, as may
18 be necessary to assure compliance with this Act and with
19 regulations and standards adopted thereunder; or
20 (2) in violation of any regulations or standards
21 adopted by the Board under this Act; or
22 (3) in violation of any RCRA permit filing
23 requirement established under standards adopted by the
24 Board under this Act; or
25 (4) in violation of any order adopted by the Board
26 under this Act.
27 Notwithstanding the above, no RCRA permit shall be
28 required under this subsection or subsection (d) of Section
29 39 of this Act for any person engaged in agricultural
30 activity who is disposing of a substance which has been
31 identified as a hazardous waste, and which has been
32 designated by Board regulations as being subject to this
33 exception, if the substance was acquired for use by that
34 person on his own property and the substance is disposed of
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1 on his own property in accordance with regulations or
2 standards adopted by the Board.
3 (g) Conduct any hazardous waste-transportation
4 operation:
5 (1) without registering with and obtaining a permit
6 from the Agency in accordance with the Uniform Program
7 implemented under subsection (l-5) of Section 22.2 a
8 permit issued by the Agency or in violation of any
9 conditions imposed by such permit, including periodic
10 reports and full access to adequate records and the
11 inspection of facilities, as may be necessary to assure
12 compliance with this Act and with regulations or
13 standards adopted thereunder; or
14 (2) in violation of any regulations or standards
15 adopted by the Board under this Act.
16 (h) Conduct any hazardous waste-recycling or hazardous
17 waste-reclamation or hazardous waste-reuse operation in
18 violation of any regulations, standards or permit
19 requirements adopted by the Board under this Act.
20 (i) Conduct any process or engage in any act which
21 produces hazardous waste in violation of any regulations or
22 standards adopted by the Board under subsections (a) and (c)
23 of Section 22.4 of this Act.
24 (j) Conduct any special waste transportation operation
25 in violation of any regulations, standards or permit
26 requirements adopted by the Board under this Act. However,
27 sludge from a water or sewage treatment plant owned and
28 operated by a unit of local government which (1) is subject
29 to a sludge management plan approved by the Agency or a
30 permit granted by the Agency, and (2) has been tested and
31 determined not to be a hazardous waste as required by
32 applicable State and federal laws and regulations, may be
33 transported in this State without a special waste hauling
34 permit, and the preparation and carrying of a manifest shall
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1 not be required for such sludge under the rules of the
2 Pollution Control Board. The unit of local government which
3 operates the treatment plant producing such sludge shall file
4 a semiannual report with the Agency identifying the volume of
5 such sludge transported during the reporting period, the
6 hauler of the sludge, and the disposal sites to which it was
7 transported. This subsection (j) shall not apply to hazardous
8 waste.
9 (k) Fail or refuse to pay any fee imposed under this
10 Act.
11 (l) Locate a hazardous waste disposal site above an
12 active or inactive shaft or tunneled mine or within 2 miles
13 of an active fault in the earth's crust. In counties of
14 population less than 225,000 no hazardous waste disposal site
15 shall be located (1) within 1 1/2 miles of the corporate
16 limits as defined on June 30, 1978, of any municipality
17 without the approval of the governing body of the
18 municipality in an official action; or (2) within 1000 feet
19 of an existing private well or the existing source of a
20 public water supply measured from the boundary of the actual
21 active permitted site and excluding existing private wells on
22 the property of the permit applicant. The provisions of this
23 subsection do not apply to publicly-owned sewage works or the
24 disposal or utilization of sludge from publicly-owned sewage
25 works.
26 (m) Transfer interest in any land which has been used as
27 a hazardous waste disposal site without written notification
28 to the Agency of the transfer and to the transferee of the
29 conditions imposed by the Agency upon its use under
30 subsection (g) of Section 39.
31 (n) Use any land which has been used as a hazardous
32 waste disposal site except in compliance with conditions
33 imposed by the Agency under subsection (g) of Section 39.
34 (o) Conduct a sanitary landfill operation which is
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1 required to have a permit under subsection (d) of this
2 Section, in a manner which results in any of the following
3 conditions:
4 (1) refuse in standing or flowing waters;
5 (2) leachate flows entering waters of the State;
6 (3) leachate flows exiting the landfill confines
7 (as determined by the boundaries established for the
8 landfill by a permit issued by the Agency);
9 (4) open burning of refuse in violation of Section
10 9 of this Act;
11 (5) uncovered refuse remaining from any previous
12 operating day or at the conclusion of any operating day,
13 unless authorized by permit;
14 (6) failure to provide final cover within time
15 limits established by Board regulations;
16 (7) acceptance of wastes without necessary permits;
17 (8) scavenging as defined by Board regulations;
18 (9) deposition of refuse in any unpermitted portion
19 of the landfill;
20 (10) acceptance of a special waste without a
21 required manifest;
22 (11) failure to submit reports required by permits
23 or Board regulations;
24 (12) failure to collect and contain litter from the
25 site by the end of each operating day;
26 (13) failure to submit any cost estimate for the
27 site or any performance bond or other security for the
28 site as required by this Act or Board rules.
29 The prohibitions specified in this subsection (o) shall
30 be enforceable by the Agency either by administrative
31 citation under Section 31.1 of this Act or as otherwise
32 provided by this Act. The specific prohibitions in this
33 subsection do not limit the power of the Board to establish
34 regulations or standards applicable to sanitary landfills.
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1 (p) In violation of subdivision (a) of this Section,
2 cause or allow the open dumping of any waste in a manner
3 which results in any of the following occurrences at the dump
4 site:
5 (1) litter;
6 (2) scavenging;
7 (3) open burning;
8 (4) deposition of waste in standing or flowing
9 waters;
10 (5) proliferation of disease vectors;
11 (6) standing or flowing liquid discharge from the
12 dump site.
13 The prohibitions specified in this subsection (p) shall
14 be enforceable by the Agency either by administrative
15 citation under Section 31.1 of this Act or as otherwise
16 provided by this Act. The specific prohibitions in this
17 subsection do not limit the power of the Board to establish
18 regulations or standards applicable to open dumping.
19 (q) Conduct a landscape waste composting operation
20 without an Agency permit, provided, however, that no permit
21 shall be required for any person:
22 (1) conducting a landscape waste composting
23 operation for landscape wastes generated by such person's
24 own activities which are stored, treated or disposed of
25 within the site where such wastes are generated; or
26 (2) applying landscape waste or composted landscape
27 waste at agronomic rates; or
28 (3) operating a landscape waste composting facility
29 on a farm, if the facility meets all of the following
30 criteria:
31 (A) the composting facility is operated by the
32 farmer on property on which the composting material
33 is utilized, and the composting facility constitutes
34 no more than 2% of the property's total acreage,
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1 except that the Agency may allow a higher percentage
2 for individual sites where the owner or operator has
3 demonstrated to the Agency that the site's soil
4 characteristics or crop needs require a higher rate;
5 (B) the property on which the composting
6 facility is located, and any associated property on
7 which the compost is used, is principally and
8 diligently devoted to the production of agricultural
9 crops and is not owned, leased or otherwise
10 controlled by any waste hauler or generator of
11 nonagricultural compost materials, and the operator
12 of the composting facility is not an employee,
13 partner, shareholder, or in any way connected with
14 or controlled by any such waste hauler or generator;
15 (C) all compost generated by the composting
16 facility is applied at agronomic rates and used as
17 mulch, fertilizer or soil conditioner on land
18 actually farmed by the person operating the
19 composting facility, and the finished compost is not
20 stored at the composting site for a period longer
21 than 18 months prior to its application as mulch,
22 fertilizer, or soil conditioner;
23 (D) the owner or operator, by January 1, 1990
24 (or the January 1 following commencement of
25 operation, whichever is later) and January 1 of each
26 year thereafter, (i) registers the site with the
27 Agency, (ii) reports to the Agency on the volume of
28 composting material received and used at the site,
29 (iii) certifies to the Agency that the site complies
30 with the requirements set forth in subparagraphs
31 (A), (B) and (C) of this paragraph (q)(3), and (iv)
32 certifies to the Agency that all composting material
33 was placed more than 200 feet from the nearest
34 potable water supply well, was placed outside the
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1 boundary of the 10-year floodplain or on a part of
2 the site that is floodproofed, was placed at least
3 1/4 mile from the nearest residence (other than a
4 residence located on the same property as the
5 facility) and there are not more than 10 occupied
6 non-farm residences within 1/2 mile of the
7 boundaries of the site on the date of application,
8 and was placed more than 5 feet above the water
9 table.
10 For the purposes of this subsection (q), "agronomic
11 rates" means the application of not more than 20 tons per
12 acre per year, except that the Agency may allow a higher rate
13 for individual sites where the owner or operator has
14 demonstrated to the Agency that the site's soil
15 characteristics or crop needs require a higher rate.
16 (r) Cause or allow the storage or disposal of coal
17 combustion waste unless:
18 (1) such waste is stored or disposed of at a site
19 or facility for which a permit has been obtained or is
20 not otherwise required under subsection (d) of this
21 Section; or
22 (2) such waste is stored or disposed of as a part
23 of the design and reclamation of a site or facility which
24 is an abandoned mine site in accordance with the
25 Abandoned Mined Lands and Water Reclamation Act; or
26 (3) such waste is stored or disposed of at a site
27 or facility which is operating under NPDES and Subtitle D
28 permits issued by the Agency pursuant to regulations
29 adopted by the Board for mine-related water pollution and
30 permits issued pursuant to the Federal Surface Mining
31 Control and Reclamation Act of 1977 (P.L. 95-87) or the
32 rules and regulations thereunder or any law or rule or
33 regulation adopted by the State of Illinois pursuant
34 thereto, and the owner or operator of the facility agrees
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1 to accept the waste; and either
2 (i) such waste is stored or disposed of in
3 accordance with requirements applicable to refuse
4 disposal under regulations adopted by the Board for
5 mine-related water pollution and pursuant to NPDES
6 and Subtitle D permits issued by the Agency under
7 such regulations; or
8 (ii) the owner or operator of the facility
9 demonstrates all of the following to the Agency, and
10 the facility is operated in accordance with the
11 demonstration as approved by the Agency: (1) the
12 disposal area will be covered in a manner that will
13 support continuous vegetation, (2) the facility will
14 be adequately protected from wind and water erosion,
15 (3) the pH will be maintained so as to prevent
16 excessive leaching of metal ions, and (4) adequate
17 containment or other measures will be provided to
18 protect surface water and groundwater from
19 contamination at levels prohibited by this Act, the
20 Illinois Groundwater Protection Act, or regulations
21 adopted pursuant thereto.
22 Notwithstanding any other provision of this Title, the
23 disposal of coal combustion waste pursuant to item (2) or (3)
24 of this subdivision (r) shall be exempt from the other
25 provisions of this Title V, and notwithstanding the
26 provisions of Title X of this Act, the Agency is authorized
27 to grant experimental permits which include provision for the
28 disposal of wastes from the combustion of coal and other
29 materials pursuant to items (2) and (3) of this subdivision
30 (r).
31 (s) After April 1, 1989, offer for transportation,
32 transport, deliver, receive or accept special waste for which
33 a manifest is required, unless the manifest indicates that
34 the fee required under Section 22.8 of this Act has been
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1 paid.
2 (t) Cause or allow a lateral expansion of a municipal
3 solid waste landfill unit on or after October 9, 1993,
4 without a permit modification, granted by the Agency, that
5 authorizes the lateral expansion.
6 (u) Conduct any vegetable by-product treatment, storage,
7 disposal or transportation operation in violation of any
8 regulation, standards or permit requirements adopted by the
9 Board under this Act. However, no permit shall be required
10 under this Title V for the land application of vegetable
11 by-products conducted pursuant to Agency permit issued under
12 Title III of this Act to the generator of the vegetable
13 by-products. In addition, vegetable by-products may be
14 transported in this State without a special waste hauling
15 permit, and without the preparation and carrying of a
16 manifest.
17 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
18 eff. 7-6-95; 89-535, eff. 7-19-96.)
19 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
20 Sec. 22.2. Hazardous waste; fees; liability.
21 (a) There are hereby created within the State Treasury 2
22 special funds to be known respectively as the "Hazardous
23 Waste Fund" and the "Hazardous Waste Research Fund",
24 constituted from the fees collected pursuant to this Section.
25 (b) (1) On and after January 1, 1989, the Agency shall
26 collect from the owner or operator of each of the
27 following sites a fee in the amount of:
28 (A) 6 cents per gallon or $12.12 per cubic
29 yard of hazardous waste disposed for 1989, 7.5 cents
30 per gallon or $15.15 per cubic yard for 1990 and 9
31 cents per gallon or $18.18 per cubic yard
32 thereafter, if the hazardous waste disposal site is
33 located off the site where such waste was produced.
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1 The maximum amount payable under this subdivision
2 (A) with respect to the hazardous waste generated by
3 a single generator and deposited in monofills is
4 $20,000 for 1989, $25,000 for 1990, and $30,000 per
5 year thereafter. If, as a result of the use of
6 multiple monofills, waste fees in excess of the
7 maximum are assessed with respect to a single waste
8 generator, the generator may apply to the Agency for
9 a credit.
10 (B) 6 cents per gallon or $12.12 per cubic
11 yard of hazardous waste disposed for 1989, 7.5 cents
12 per gallon or $15.15 per cubic yard for 1990 and 9
13 cents or $18.18 per cubic yard thereafter, if the
14 hazardous waste disposal site is located on the site
15 where such waste was produced, provided however the
16 maximum amount of fees payable under this paragraph
17 (B) is $20,000 for 1989, $25,000 for 1990 and
18 $30,000 per year thereafter for each such hazardous
19 waste disposal site.
20 (C) If the hazardous waste disposal site is an
21 underground injection well, $6,000 per year if not
22 more than 10,000,000 gallons per year are injected,
23 $15,000 per year if more than 10,000,000 gallons but
24 not more than 50,000,000 gallons per year are
25 injected, and $27,000 per year if more than
26 50,000,000 gallons per year are injected.
27 (D) 2 cents per gallon or $4.04 per cubic yard
28 for 1989, 2.5 cents per gallon or $5.05 per cubic
29 yard for 1990, and 3 cents per gallon or $6.06 per
30 cubic yard thereafter of hazardous waste received
31 for treatment at a hazardous waste treatment site,
32 if the hazardous waste treatment site is located off
33 the site where such waste was produced and if such
34 hazardous waste treatment site is owned, controlled
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1 and operated by a person other than the generator of
2 such waste. After treatment at such hazardous waste
3 treatment site, the waste shall not be subject to
4 any other fee imposed by this subsection (b). For
5 purposes of this subsection (b), the term
6 "treatment" is defined as in Section 3.49 but shall
7 not include recycling, reclamation or reuse.
8 (2) The General Assembly shall annually appropriate
9 to the Fund such amounts as it deems necessary to fulfill
10 the purposes of this Act.
11 (3) Whenever the unobligated balance of the
12 Hazardous Waste Fund exceeds $10,000,000, the Agency
13 shall suspend the collection of the fees provided for in
14 this Section until the unobligated balance of the Fund
15 falls below $8,000,000.
16 (4) Of the amount collected as fees provided for in
17 this Section, the Agency shall manage the use of such
18 funds to assure that sufficient funds are available for
19 match towards federal expenditures for response action at
20 sites which are listed on the National Priorities List;
21 provided, however, that this shall not apply to
22 additional monies appropriated to the Fund by the General
23 Assembly, nor shall it apply in the event that the
24 Director finds that revenues in the Hazardous Waste Fund
25 must be used to address conditions which create or may
26 create an immediate danger to the environment or public
27 health or to the welfare of the people of the State of
28 Illinois.
29 (5) Notwithstanding the other provisions of this
30 subsection (b), sludge from a publicly-owned sewage works
31 generated in Illinois, coal mining wastes and refuse
32 generated in Illinois, bottom boiler ash, flyash and flue
33 gas desulphurization sludge from public utility electric
34 generating facilities located in Illinois, and bottom
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1 boiler ash and flyash from all incinerators which process
2 solely municipal waste shall not be subject to the fee.
3 (6) For the purposes of this subsection (b),
4 "monofill" means a facility, or a unit at a facility,
5 that accepts only wastes bearing the same USEPA hazardous
6 waste identification number, or compatible wastes as
7 determined by the Agency.
8 (c) The Agency shall establish procedures, not later
9 than January 1, 1984, relating to the collection of the fees
10 authorized by this Section. Such procedures shall include,
11 but not be limited to: (1) necessary records identifying the
12 quantities of hazardous waste received or disposed; (2) the
13 form and submission of reports to accompany the payment of
14 fees to the Agency; and (3) the time and manner of payment of
15 fees to the Agency, which payments shall be not more often
16 than quarterly.
17 (d) Beginning July 1, 1996, the Agency shall deposit all
18 such receipts in the State Treasury to the credit of the
19 Hazardous Waste Fund, except as provided in subsection (e) of
20 this Section. All monies in the Hazardous Waste Fund shall be
21 used by the Agency for the following purposes:
22 (1) Taking whatever preventive or corrective action
23 is necessary or appropriate, in circumstances certified
24 by the Director, including but not limited to removal or
25 remedial action whenever there is a release or
26 substantial threat of a release of a hazardous substance
27 or pesticide; provided, the Agency shall expend no more
28 than $1,000,000 on any single incident without
29 appropriation by the General Assembly.
30 (2) To meet any requirements which must be met by
31 the State in order to obtain federal funds pursuant to
32 the Comprehensive Environmental Response, Compensation
33 and Liability Act of 1980, (P.L. 96-510).
34 (3) In an amount up to 30% of the amount collected
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1 as fees provided for in this Section, for use by the
2 Agency to conduct groundwater protection activities,
3 including providing grants to appropriate units of local
4 government which are addressing protection of underground
5 waters pursuant to the provisions of this Act.
6 (4) To fund the development and implementation of
7 the model pesticide collection program under Section 19.1
8 of the Illinois Pesticide Act.
9 (5) To the extent the Agency has received and
10 deposited monies in the Fund other than fees collected
11 under subsection (b) of this Section, to pay for the cost
12 of Agency employees for services provided in reviewing
13 the performance of response actions pursuant to Title
14 XVII of this Act.
15 (6) In an amount up to 15% of the fees collected
16 annually under subsection (b) of this Section, for use by
17 the Agency for administration of the provisions of this
18 Section. of Public Health
19 (e) The Agency shall deposit 10% of all receipts
20 collected under subsection (b) of this Section, but not to
21 exceed $200,000 per year, in the State Treasury to the credit
22 of the Hazardous Waste Research Fund established by this Act.
23 Pursuant to appropriation, all monies in such Fund shall be
24 used by the Department of Natural Resources for the purposes
25 set forth in this subsection.
26 The Department of Natural Resources may enter into
27 contracts with business, industrial, university, governmental
28 or other qualified individuals or organizations to assist in
29 the research and development intended to recycle, reduce the
30 volume of, separate, detoxify or reduce the hazardous
31 properties of hazardous wastes in Illinois. Monies in the
32 Fund may also be used by the Department of Natural Resources
33 for technical studies, monitoring activities, and educational
34 and research activities which are related to the protection
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1 of underground waters. Monies in the Hazardous Waste
2 Research Fund may be used to administer the Illinois Health
3 and Hazardous Substances Registry Act. Monies in the
4 Hazardous Waste Research Fund shall not be used for any
5 sanitary landfill or the acquisition or construction of any
6 facility. This does not preclude the purchase of equipment
7 for the purpose of public demonstration projects. The
8 Department of Natural Resources shall adopt guidelines for
9 cost sharing, selecting, and administering projects under
10 this subsection.
11 (f) Notwithstanding any other provision or rule of law,
12 and subject only to the defenses set forth in subsection (j)
13 of this Section, the following persons shall be liable for
14 all costs of removal or remedial action incurred by the State
15 of Illinois or any unit of local government as a result of a
16 release or substantial threat of a release of a hazardous
17 substance or pesticide:
18 (1) the owner and operator of a facility or vessel
19 from which there is a release or substantial threat of
20 release of a hazardous substance or pesticide;
21 (2) any person who at the time of disposal,
22 transport, storage or treatment of a hazardous substance
23 or pesticide owned or operated the facility or vessel
24 used for such disposal, transport, treatment or storage
25 from which there was a release or substantial threat of a
26 release of any such hazardous substance or pesticide;
27 (3) any person who by contract, agreement, or
28 otherwise has arranged with another party or entity for
29 transport, storage, disposal or treatment of hazardous
30 substances or pesticides owned, controlled or possessed
31 by such person at a facility owned or operated by another
32 party or entity from which facility there is a release or
33 substantial threat of a release of such hazardous
34 substances or pesticides; and
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1 (4) any person who accepts or accepted any
2 hazardous substances or pesticides for transport to
3 disposal, storage or treatment facilities or sites from
4 which there is a release or a substantial threat of a
5 release of a hazardous substance or pesticide.
6 Any monies received by the State of Illinois pursuant to
7 this subsection (f) shall be deposited in the State Treasury
8 to the credit of the Hazardous Waste Fund.
9 In accordance with the other provisions of this Section,
10 costs of removal or remedial action incurred by a unit of
11 local government may be recovered in an action before the
12 Board brought by the unit of local government under
13 subsection (i) of this Section. Any monies so recovered
14 shall be paid to the unit of local government.
15 (g)(1) No indemnification, hold harmless, or similar
16 agreement or conveyance shall be effective to transfer
17 from the owner or operator of any vessel or facility or
18 from any person who may be liable for a release or
19 substantial threat of a release under this Section, to
20 any other person the liability imposed under this
21 Section. Nothing in this Section shall bar any agreement
22 to insure, hold harmless or indemnify a party to such
23 agreements for any liability under this Section.
24 (2) Nothing in this Section, including the
25 provisions of paragraph (g)(1) of this Section, shall bar
26 a cause of action that an owner or operator or any other
27 person subject to liability under this Section, or a
28 guarantor, has or would have, by reason of subrogation or
29 otherwise against any person.
30 (h) For purposes of this Section:
31 (1) The term "facility" means:
32 (A) any building, structure, installation,
33 equipment, pipe or pipeline including but not
34 limited to any pipe into a sewer or publicly owned
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1 treatment works, well, pit, pond, lagoon,
2 impoundment, ditch, landfill, storage container,
3 motor vehicle, rolling stock, or aircraft; or
4 (B) any site or area where a hazardous
5 substance has been deposited, stored, disposed of,
6 placed, or otherwise come to be located.
7 (2) The term "owner or operator" means:
8 (A) any person owning or operating a vessel or
9 facility;
10 (B) in the case of an abandoned facility, any
11 person owning or operating the abandoned facility or
12 any person who owned, operated, or otherwise
13 controlled activities at the abandoned facility
14 immediately prior to such abandonment;
15 (C) in the case of a land trust as defined in
16 Section 2 of the Land Trustee as Creditor Act, the
17 person owning the beneficial interest in the land
18 trust;
19 (D) in the case of a fiduciary (other than a
20 land trustee), the estate, trust estate, or other
21 interest in property held in a fiduciary capacity,
22 and not the fiduciary. For the purposes of this
23 Section, "fiduciary" means a trustee, executor,
24 administrator, guardian, receiver, conservator or
25 other person holding a facility or vessel in a
26 fiduciary capacity;
27 (E) in the case of a "financial institution",
28 meaning the Illinois Housing Development Authority
29 and that term as defined in Section 2 of the
30 Illinois Banking Act, that has acquired ownership,
31 operation, management, or control of a vessel or
32 facility through foreclosure or under the terms of a
33 security interest held by the financial institution
34 or under the terms of an extension of credit made by
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1 the financial institution, the financial institution
2 only if the financial institution takes possession
3 of the vessel or facility and the financial
4 institution exercises actual, direct, and continual
5 or recurrent managerial control in the operation of
6 the vessel or facility that causes a release or
7 substantial threat of a release of a hazardous
8 substance or pesticide resulting in removal or
9 remedial action;
10 (F) In the case of an owner of residential
11 property, the owner if the owner is a person other
12 than an individual, or if the owner is an individual
13 who owns more than 10 dwelling units in Illinois, or
14 if the owner, or an agent, representative,
15 contractor, or employee of the owner, has caused,
16 contributed to, or allowed the release or threatened
17 release of a hazardous substance or pesticide. The
18 term "residential property" means single family
19 residences of one to 4 dwelling units, including
20 accessory land, buildings, or improvements
21 incidental to those dwellings that are exclusively
22 used for the residential use. For purposes of this
23 subparagraph (F), the term "individual" means a
24 natural person, and shall not include corporations,
25 partnerships, trusts, or other non-natural persons.
26 (G) In the case of any facility, title or
27 control of which was conveyed due to bankruptcy,
28 foreclosure, tax delinquency, abandonment, or
29 similar means to a unit of State or local
30 government, any person who owned, operated, or
31 otherwise controlled activities at the facility
32 immediately beforehand.
33 (H) The term "owner or operator" does not
34 include a unit of State or local government which
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1 acquired ownership or control through bankruptcy,
2 tax delinquency, abandonment, or other circumstances
3 in which the government acquires title by virtue of
4 its function as sovereign. The exclusion provided
5 under this paragraph shall not apply to any State or
6 local government which has caused or contributed to
7 the release or threatened release of a hazardous
8 substance from the facility, and such a State or
9 local government shall be subject to the provisions
10 of this Act in the same manner and to the same
11 extent, both procedurally and substantively, as any
12 nongovernmental entity, including liability under
13 Section 22.2(f).
14 (i) The costs and damages provided for in this Section
15 may be imposed by the Board in an action brought before the
16 Board in accordance with Title VIII of this Act, except that
17 Section 33(c) of this Act shall not apply to any such action.
18 (j) (1) There shall be no liability under this Section
19 for a person otherwise liable who can establish by a
20 preponderance of the evidence that the release or substantial
21 threat of release of a hazardous substance and the damages
22 resulting therefrom were caused solely by:
23 (A) an act of God;
24 (B) an act of war;
25 (C) an act or omission of a third party other than
26 an employee or agent of the defendant, or other than one
27 whose act or omission occurs in connection with a
28 contractual relationship, existing directly or
29 indirectly, with the defendant (except where the sole
30 contractual arrangement arises from a published tariff
31 and acceptance for carriage by a common carrier by rail),
32 if the defendant establishes by a preponderance of the
33 evidence that (i) he exercised due care with respect to
34 the hazardous substance concerned, taking into
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1 consideration the characteristics of such hazardous
2 substance, in light of all relevant facts and
3 circumstances, and (ii) he took precautions against
4 foreseeable acts or omissions of any such third party and
5 the consequences that could foreseeably result from such
6 acts or omissions; or
7 (D) any combination of the foregoing paragraphs.
8 (2) There shall be no liability under this Section for
9 any release permitted by State or federal law.
10 (3) There shall be no liability under this Section for
11 damages as a result of actions taken or omitted in the course
12 of rendering care, assistance, or advice in accordance with
13 this Section or the National Contingency Plan pursuant to the
14 Comprehensive Environmental Response, Compensation and
15 Liability Act of 1980 (P.L. 96-510) or at the direction of an
16 on-scene coordinator appointed under such plan, with respect
17 to an incident creating a danger to public health or welfare
18 or the environment as a result of any release of a hazardous
19 substance or a substantial threat thereof. This subsection
20 shall not preclude liability for damages as the result of
21 gross negligence or intentional misconduct on the part of
22 such person. For the purposes of the preceding sentence,
23 reckless, willful, or wanton misconduct shall constitute
24 gross negligence.
25 (4) There shall be no liability under this Section for
26 any person (including, but not limited to, an owner of
27 residential property who applies a pesticide to the
28 residential property or who has another person apply a
29 pesticide to the residential property) for response costs or
30 damages as the result of the storage, handling and use, or
31 recommendation for storage, handling and use, of a pesticide
32 consistent with:
33 (A) its directions for storage, handling and use as
34 stated in its label or labeling;
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1 (B) its warnings and cautions as stated in its
2 label or labeling; and
3 (C) the uses for which it is registered under the
4 Federal Insecticide, Fungicide and Rodenticide Act and
5 the Illinois Pesticide Act.
6 (4.5) There shall be no liability under subdivision
7 (f)(1) of this Section for response costs or damages as the
8 result of a release of a pesticide from an agrichemical
9 facility site if the Agency has received notice from the
10 Department of Agriculture pursuant to Section 19.3 of the
11 Illinois Pesticide Act, the owner or operator of the
12 agrichemical facility is proceeding with a corrective action
13 plan under the Agrichemical Facility Response Action Program
14 implemented under that Section, and the Agency has provided a
15 written endorsement of a corrective action plan.
16 (4.6) There shall be no liability under subdivision
17 (f)(1) of this Section for response costs or damages as the
18 result of a substantial threat of a release of a pesticide
19 from an agrichemical facility site if the Agency has received
20 notice from the Department of Agriculture pursuant to Section
21 19.3 of the Illinois Pesticide Act and the owner or operator
22 of the agrichemical facility is proceeding with a corrective
23 action plan under the Agrichemical Facility Response Action
24 Program implemented under that Section.
25 (5) Nothing in this subsection (j) shall affect or
26 modify in any way the obligations or liability of any person
27 under any other provision of this Act or State or Federal
28 law, including common law, for damages, injury, or loss
29 resulting from a release or substantial threat of a release
30 of any hazardous substance or for removal or remedial action
31 or the costs of removal or remedial action of such hazardous
32 substance.
33 (6)(A) The term "contractual relationship", for the
34 purpose of this subsection includes, but is not limited to,
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1 land contracts, deeds or other instruments transferring title
2 or possession, unless the real property on which the facility
3 concerned is located was acquired by the defendant after the
4 disposal or placement of the hazardous substance on, in, or
5 at the facility, and one or more of the circumstances
6 described in clause (i), (ii), or (iii) of this paragraph is
7 also established by the defendant by a preponderance of the
8 evidence:
9 (i) At the time the defendant acquired the facility
10 the defendant did not know and had no reason to know that
11 any hazardous substance which is the subject of the
12 release or threatened release was disposed of on, in or
13 at the facility.
14 (ii) The defendant is a government entity which
15 acquired the facility by escheat, or through any other
16 involuntary transfer or acquisition, or through the
17 exercise of eminent domain authority by purchase or
18 condemnation.
19 (iii) The defendant acquired the facility by
20 inheritance or bequest.
21 In addition to establishing the foregoing, the defendant
22 must establish that he has satisfied the requirements of
23 subparagraph (C) of paragraph (l) of this subsection (j).
24 (B) To establish the defendant had no reason to know, as
25 provided in clause (i) of subparagraph (A) of this paragraph,
26 the defendant must have undertaken, at the time of
27 acquisition, all appropriate inquiry into the previous
28 ownership and uses of the property consistent with good
29 commercial or customary practice in an effort to minimize
30 liability. For purposes of the preceding sentence, the court
31 shall take into account any specialized knowledge or
32 experience on the part of the defendant, the relationship of
33 the purchase price to the value of the property if
34 uncontaminated, commonly known or reasonably ascertainable
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1 information about the property, the obviousness of the
2 presence or likely presence of contamination at the property,
3 and the ability to detect such contamination by appropriate
4 inspection.
5 (C) Nothing in this paragraph (6) or in subparagraph (C)
6 of paragraph (1) of this subsection shall diminish the
7 liability of any previous owner or operator of such facility
8 who would otherwise be liable under this Act. Notwithstanding
9 this paragraph (6), if the defendant obtained actual
10 knowledge of the release or threatened release of a hazardous
11 substance at such facility when the defendant owned the real
12 property and then subsequently transferred ownership of the
13 property to another person without disclosing such knowledge,
14 such defendant shall be treated as liable under subsection
15 (f) of this Section and no defense under subparagraph (C) of
16 paragraph (1) of this subsection shall be available to such
17 defendant.
18 (D) Nothing in this paragraph (6) shall affect the
19 liability under this Act of a defendant who, by any act or
20 omission, caused or contributed to the release or threatened
21 release of a hazardous substance which is the subject of the
22 action relating to the facility.
23 (E) (i) Except as provided in clause (ii) of this
24 subparagraph (E), a defendant who has acquired real property
25 shall have established a rebuttable presumption against all
26 State claims and a conclusive presumption against all private
27 party claims that the defendant has made all appropriate
28 inquiry within the meaning of subdivision (6)(B) of this
29 subsection (j) if the defendant proves that immediately prior
30 to or at the time of the acquisition:
31 (I) the defendant obtained a Phase I Environmental
32 Audit of the real property that meets or exceeds the
33 requirements of this subparagraph (E), and the Phase I
34 Environmental Audit did not disclose the presence or
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1 likely presence of a release or a substantial threat of a
2 release of a hazardous substance or pesticide at, on, to,
3 or from the real property; or
4 (II) the defendant obtained a Phase II
5 Environmental Audit of the real property that meets or
6 exceeds the requirements of this subparagraph (E), and
7 the Phase II Environmental Audit did not disclose the
8 presence or likely presence of a release or a substantial
9 threat of a release of a hazardous substance or pesticide
10 at, on, to, or from the real property.
11 (ii) No presumption shall be created under clause (i) of
12 this subparagraph (E), and a defendant shall be precluded
13 from demonstrating that the defendant has made all
14 appropriate inquiry within the meaning of subdivision (6)(B)
15 of this subsection (j), if:
16 (I) the defendant fails to obtain all Environmental
17 Audits required under this subparagraph (E) or any such
18 Environmental Audit fails to meet or exceed the
19 requirements of this subparagraph (E);
20 (II) a Phase I Environmental Audit discloses the
21 presence or likely presence of a release or a substantial
22 threat of a release of a hazardous substance or pesticide
23 at, on, to, or from real property, and the defendant
24 fails to obtain a Phase II Environmental Audit;
25 (III) a Phase II Environmental Audit discloses the
26 presence or likely presence of a release or a substantial
27 threat of a release of a hazardous substance or pesticide
28 at, on, to, or from the real property;
29 (IV) the defendant fails to maintain a written
30 compilation and explanatory summary report of the
31 information reviewed in the course of each Environmental
32 Audit under this subparagraph (E); or
33 (V) there is any evidence of fraud, material
34 concealment, or material misrepresentation by the
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1 defendant of environmental conditions or of related
2 information discovered during the course of an
3 Environmental Audit.
4 (iii) For purposes of this subparagraph (E), the term
5 "environmental professional" means an individual (other than
6 a practicing attorney) who, through academic training,
7 occupational experience, and reputation (such as engineers,
8 industrial hygienists, or geologists) can objectively conduct
9 one or more aspects of an Environmental Audit and who either:
10 (I) maintains at the time of the Environmental
11 Audit and for at least one year thereafter at least
12 $500,000 of environmental consultants' professional
13 liability insurance coverage issued by an insurance
14 company licensed to do business in Illinois; or
15 (II) is an Illinois licensed professional engineer
16 or an Illinois licensed industrial hygienist.
17 An environmental professional may employ persons who are
18 not environmental professionals to assist in the preparation
19 of an Environmental Audit if such persons are under the
20 direct supervision and control of the environmental
21 professional.
22 (iv) For purposes of this subparagraph (E), the term
23 "real property" means any interest in any parcel of land, and
24 shall not be limited to the definition of the term "real
25 property" contained in the Responsible Property Transfer Act
26 of 1988. For purposes of this subparagraph (E), the term
27 "real property" includes, but is not limited to, buildings,
28 fixtures, and improvements.
29 (v) For purposes of this subparagraph (E), the term
30 "Phase I Environmental Audit" means an investigation of real
31 property, conducted by environmental professionals, to
32 discover the presence or likely presence of a release or a
33 substantial threat of a release of a hazardous substance or
34 pesticide at, on, to, or from real property, and whether a
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1 release or a substantial threat of a release of a hazardous
2 substance or pesticide has occurred or may occur at, on, to,
3 or from the real property. The investigation shall include a
4 review of at least each of the following sources of
5 information concerning the current and previous ownership and
6 use of the real property:
7 (I) Recorded chain of title documents regarding the
8 real property, including all deeds, easements, leases,
9 restrictions, and covenants for a period of 50 years.
10 (II) Aerial photographs that may reflect prior uses
11 of the real property and that are reasonably obtainable
12 through State, federal, or local government agencies or
13 bodies.
14 (III) Recorded environmental cleanup liens, if any,
15 against the real property that have arisen pursuant to
16 this Act or federal statutes.
17 (IV) Reasonably obtainable State, federal, and
18 local government records of sites or facilities at, on,
19 or near the real property to discover the presence or
20 likely presence of a hazardous substance or pesticide,
21 and whether a release or a substantial threat of a
22 release of a hazardous substance or pesticide has
23 occurred or may occur at, on, to, or from the real
24 property. Such government records shall include, but not
25 be limited to: reasonably obtainable State, federal, and
26 local government investigation reports for those sites or
27 facilities; reasonably obtainable State, federal, and
28 local government records of activities likely to cause or
29 contribute to a release or a threatened release of a
30 hazardous substance or pesticide at, on, to, or from the
31 real property, including landfill and other treatment,
32 storage, and disposal location records, underground
33 storage tank records, hazardous waste transporter and
34 generator records, and spill reporting records; and other
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1 reasonably obtainable State, federal, and local
2 government environmental records that report incidents or
3 activities that are likely to cause or contribute to a
4 release or a threatened release of a hazardous substance
5 or pesticide at, on, to, or from the real property. In
6 order to be deemed "reasonably obtainable" as required
7 herein, a copy or reasonable facsimile of the record must
8 be obtainable from the government agency by request and
9 upon payment of a processing fee, if any, established by
10 the government agency. The Agency is authorized to
11 establish a reasonable fee for processing requests
12 received under this subparagraph (E) for records. All
13 fees collected by the Agency under this clause (v)(IV)
14 shall be deposited into the Environmental Protection
15 Permit and Inspection Fund in accordance with Section
16 22.8. Notwithstanding any other law, if the fee is paid,
17 commencing on the effective date of this amendatory Act
18 of 1993 and until one year after the effective date of
19 this amendatory Act of 1993, the Agency shall use its
20 best efforts to process a request received under this
21 subparagraph (E) as expeditiously as possible.
22 Notwithstanding any other law, commencing one year after
23 the effective date of this amendatory Act of 1993, if the
24 fee is paid, the Agency shall process a request received
25 under this subparagraph (E) for records within 30 days of
26 the receipt of such request.
27 (V) A visual site inspection of the real property
28 and all facilities and improvements on the real property
29 and a visual inspection of properties immediately
30 adjacent to the real property, including an investigation
31 of any use, storage, treatment, spills from use, or
32 disposal of hazardous substances, hazardous wastes, solid
33 wastes, or pesticides. If the person conducting the
34 investigation is denied access to any property adjacent
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1 to the real property, the person shall conduct a visual
2 inspection of that adjacent property from the property to
3 which the person does have access and from public
4 rights-of-way.
5 (VI) A review of business records for activities at
6 or on the real property for a period of 50 years.
7 (vi) For purposes of subparagraph (E), the term "Phase
8 II Environmental Audit" means an investigation of real
9 property, conducted by environmental professionals,
10 subsequent to a Phase I Environmental Audit. If the Phase I
11 Environmental Audit discloses the presence or likely presence
12 of a hazardous substance or a pesticide or a release or a
13 substantial threat of a release of a hazardous substance or
14 pesticide:
15 (I) In or to soil, the defendant, as part of the
16 Phase II Environmental Audit, shall perform a series of
17 soil borings sufficient to determine whether there is a
18 presence or likely presence of a hazardous substance or
19 pesticide and whether there is or has been a release or a
20 substantial threat of a release of a hazardous substance
21 or pesticide at, on, to, or from the real property.
22 (II) In or to groundwater, the defendant, as part
23 of the Phase II Environmental Audit, shall: review
24 information regarding local geology, water well
25 locations, and locations of waters of the State as may be
26 obtained from State, federal, and local government
27 records, including but not limited to the United States
28 Geological Service, the State Geological Survey Division
29 of the Department of Natural Resources, and the State
30 Water Survey Division of the Department of Natural
31 Resources; and perform groundwater monitoring sufficient
32 to determine whether there is a presence or likely
33 presence of a hazardous substance or pesticide, and
34 whether there is or has been a release or a substantial
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1 threat of a release of a hazardous substance or pesticide
2 at, on, to, or from the real property.
3 (III) On or to media other than soil or
4 groundwater, the defendant, as part of the Phase II
5 Environmental Audit, shall perform an investigation
6 sufficient to determine whether there is a presence or
7 likely presence of a hazardous substance or pesticide,
8 and whether there is or has been a release or a
9 substantial threat of a release of a hazardous substance
10 or pesticide at, on, to, or from the real property.
11 (vii) The findings of each Environmental Audit prepared
12 under this subparagraph (E) shall be set forth in a written
13 audit report. Each audit report shall contain an affirmation
14 by the defendant and by each environmental professional who
15 prepared the Environmental Audit that the facts stated in the
16 report are true and are made under a penalty of perjury as
17 defined in Section 32-2 of the Criminal Code of 1961. It is
18 perjury for any person to sign an audit report that contains
19 a false material statement that the person does not believe
20 to be true.
21 (viii) The Agency is not required to review, approve, or
22 certify the results of any Environmental Audit. The
23 performance of an Environmental Audit shall in no way entitle
24 a defendant to a presumption of Agency approval or
25 certification of the results of the Environmental Audit.
26 The presence or absence of a disclosure document prepared
27 under the Responsible Property Transfer Act of 1988 shall not
28 be a defense under this Act and shall not satisfy the
29 requirements of subdivision (6)(A) of this subsection (j).
30 (7) No person shall be liable under this Section for
31 response costs or damages as the result of a pesticide
32 release if the Agency has found that a pesticide release
33 occurred based on a Health Advisory issued by the U.S.
34 Environmental Protection Agency or an action level developed
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1 by the Agency, unless the Agency notified the manufacturer of
2 the pesticide and provided an opportunity of not less than 30
3 days for the manufacturer to comment on the technical and
4 scientific justification supporting the Health Advisory or
5 action level.
6 (8) No person shall be liable under this Section for
7 response costs or damages as the result of a pesticide
8 release that occurs in the course of a farm pesticide
9 collection program operated under Section 19.1 of the
10 Illinois Pesticide Act, unless the release results from gross
11 negligence or intentional misconduct.
12 (k) If any person who is liable for a release or
13 substantial threat of release of a hazardous substance or
14 pesticide fails without sufficient cause to provide removal
15 or remedial action upon or in accordance with a notice and
16 request by the Agency or upon or in accordance with any order
17 of the Board or any court, such person may be liable to the
18 State for punitive damages in an amount at least equal to,
19 and not more than 3 times, the amount of any costs incurred
20 by the State of Illinois as a result of such failure to take
21 such removal or remedial action. The punitive damages
22 imposed by the Board shall be in addition to any costs
23 recovered from such person pursuant to this Section and in
24 addition to any other penalty or relief provided by this Act
25 or any other law.
26 Any monies received by the State pursuant to this
27 subsection (k) shall be deposited in the Hazardous Waste
28 Fund.
29 (l) Beginning January 1, 1988, the Agency shall annually
30 collect a $250 fee for each Special Waste Hauling Permit
31 Application and, in addition, shall collect a fee of $20 for
32 each waste hauling vehicle identified in the annual permit
33 application and for each vehicle which is added to the permit
34 during the annual period. The Agency shall deposit 85% of
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1 such fees collected under this subsection (l) in the State
2 Treasury to the credit of the Hazardous Waste Research Fund;
3 and shall deposit the remaining 15% of such fees collected in
4 the State Treasury to the credit of the Environmental
5 Protection Permit and Inspection Fund. The majority of such
6 receipts which are deposited in the Hazardous Waste Research
7 Fund pursuant to this subsection shall be used by the
8 Department of Natural Resources for activities which relate
9 to the protection of underground waters. Persons engaged in
10 the offsite transportation of hazardous waste by highway and
11 participating in the Uniform Program under subsection (l-5)
12 are not required to file a Special Waste Hauling Permit
13 Application.
14 (l-5) (1) As used in this subsection:
15 "Base state" means the state selected by a
16 transporter according to the procedures established under
17 the Uniform Program.
18 "Base state agreement" means an agreement between
19 participating states electing to register or permit
20 transporters.
21 "Participating state" means a state electing to
22 participate in the Uniform Program by entering into a
23 base state agreement.
24 "Transporter" means a person engaged in the offsite
25 transportation of hazardous waste by highway.
26 "Uniform application" means the uniform registration
27 and permit application form prescribed under the Uniform
28 Program.
29 "Uniform Program" means the Uniform State Hazardous
30 Materials Transportation Registration and Permit Program
31 established in the report submitted and amended pursuant
32 to 49 U.S.C. Section 5119(b), as implemented by the
33 Agency under this subsection.
34 "Vehicle" means any self-propelled motor vehicle,
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1 except a truck tractor without a trailer, designed or
2 used for the transportation of hazardous waste subject to
3 the hazardous waste manifesting requirements of 40 U.S.C.
4 Section 6923(a)(3).
5 (2) Beginning July 1, 1998, the Agency shall
6 implement the Uniform State Hazardous Materials
7 Transportation Registration and Permit Program. On and
8 after that date, no person shall engage in the offsite
9 transportation of hazardous waste by highway without
10 registering and obtaining a permit under the Uniform
11 Program. A transporter with its principal place of
12 business in Illinois shall register with and obtain a
13 permit from the Agency. A transporter that designates
14 another participating state in the Uniform Program as its
15 base state shall likewise register with and obtain a
16 permit from that state before transporting hazardous
17 waste in Illinois.
18 (3) Beginning July 1, 1998, the Agency shall
19 annually collect no more than a $250 processing and audit
20 fee from each transporter of hazardous waste who has
21 filed a uniform application and, in addition, the Agency
22 shall annually collect an apportioned vehicle
23 registration fee of $20. The amount of the apportioned
24 vehicle registration fee shall be calculated consistent
25 with the procedures established under the Uniform
26 Program.
27 All moneys received by the Agency from the
28 collection of fees pursuant to the Uniform Program shall
29 be deposited into the Hazardous Waste Transporter account
30 hereby created within the Environmental Protection Permit
31 and Inspection Fund. The State Treasurer shall credit to
32 the account interest and earnings from account
33 investments. Moneys remaining in the account at the close
34 of the fiscal year shall not lapse to the General Revenue
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1 Fund. The State Treasurer may receive money or other
2 assets from any source for deposit into the account. The
3 Agency may expend moneys from the account, upon
4 appropriation, for the implementation of the Uniform
5 Program, including the costs to the Agency of fee
6 collection and administration. In addition, funds not
7 expended for the implementation of the Uniform Program
8 may be utilized for emergency response and cleanup
9 activities melated to hazardous waste transportation that
10 are initiated by the Agency.
11 Whenever the amount of the Hazardous Waste
12 Transporter account exceeds by 115% the amount annually
13 appropriated by the General Assembly, the Agency shall credit
14 participating transporters an amount, proportionately based
15 on the amount of the vehicle fee paid, equal to the excess in
16 the account, and shall determine the need to reduce the
17 amount of the fee charged transporters in the subsequent
18 fiscal year by the amount of the credit.
19 (4) (A) The Agency may propose and the Board shall
20 adopt rules as necessary to implement and enforce the
21 Uniform Program. The Agency is authorized to enter into
22 agreements with other agencies of this State as necessary
23 to carry out administrative functions or enforcement of
24 the Uniform Program.
25 (B) The Agency shall recognize a Uniform Program
26 registration as valid for one year from the date a notice
27 of registration form is issued and a permit as valid for
28 3 years from the date issued or until a transporter fails
29 to renew its registration, whichever occurs first.
30 (C) The Agency may inspect or examine any motor
31 vehicle or facility operated by a transporter, including
32 papers, books, records, documents, or other materials to
33 determine if a transporter is complying with the Uniform
34 Program. The Agency may also conduct investigations and
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1 audits as necessary to determine if a transporter is
2 entitled to a permit or to make suspension or revocation
3 determinations consistent with the standards of the
4 Uniform Program.
5 (5) The Agency may enter into agreements with
6 federal agencies, national repositories, or other
7 participating states as necessary to allow for the
8 reciprocal registration and permitting of transporters
9 pursuant to the Uniform Program. The agreements may
10 include procedures for determining a base state, the
11 collection and distribution of registration fees, dispute
12 resolution, the exchange of information for reporting and
13 enforcement purposes, and other provisions necessary to
14 fully implement, administer, and enforce the Uniform
15 Program.
16 (m) (Blank).
17 (n) (Blank).
18 (Source: P.A. 88-438; 88-602, eff. 9-1-94; 89-94, eff.
19 7-6-95; 89-158, eff. 1-1-96; 89-431, eff. 12-15-95; 89-443,
20 eff. 7-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96;
21 revised 10-2-96.)
22 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
23 Sec. 44. Criminal acts; penalties.
24 (a) Except as otherwise provided in this Section, it
25 shall be a Class A misdemeanor to violate this Act or
26 regulations thereunder, or any permit or term or condition
27 thereof, or knowingly to submit any false information under
28 this Act or regulations adopted thereunder, or under any
29 permit or term or condition thereof. A court may, in addition
30 to any other penalty herein imposed, order a person convicted
31 of open dumping of construction debris under this Act to
32 perform community service for not less than 50 hours and not
33 more than 300 hours if community service is available in the
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1 jurisdiction. It shall be the duty of all State and local
2 law-enforcement officers to enforce such Act and regulations,
3 and all such officers shall have authority to issue citations
4 for such violations.
5 (b) Calculated Criminal Disposal of Hazardous Waste.
6 (1) A person commits the offense of Calculated
7 Criminal Disposal of Hazardous Waste when, without lawful
8 justification, he knowingly disposes of hazardous waste
9 while knowing that he thereby places another person in
10 danger of great bodily harm or creates an immediate or
11 long-term danger to the public health or the environment.
12 (2) Calculated Criminal Disposal of Hazardous Waste
13 is a Class 2 felony. In addition to any other penalties
14 prescribed by law, a person convicted of the offense of
15 Calculated Criminal Disposal of Hazardous Waste is
16 subject to a fine not to exceed $500,000 for each day of
17 such offense.
18 (c) Criminal Disposal of Hazardous Waste.
19 (1) A person commits the offense of Criminal
20 Disposal of Hazardous Waste when, without lawful
21 justification, he knowingly disposes of hazardous waste.
22 (2) Criminal Disposal of Hazardous Waste is a Class
23 3 felony. In addition to any other penalties prescribed
24 by law, a person convicted of the offense of Criminal
25 Disposal of Hazardous Waste is subject to a fine not to
26 exceed $250,000 for each day of such offense.
27 (d) Unauthorized Use of Hazardous Waste.
28 (1) A person commits the offense of Unauthorized
29 Use of Hazardous Waste when he, being required to have a
30 permit, registration, or license under this Act or any
31 other law regulating the treatment, transportation, or
32 storage of hazardous waste, knowingly:
33 (A) treats, transports, or stores any
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1 hazardous waste without such permit, registration,
2 or license;
3 (B) treats, transports, or stores any
4 hazardous waste in violation of the terms and
5 conditions of such permit or license;
6 (C) transports any hazardous waste to a
7 facility which does not have a permit or license
8 required under this Act; or
9 (D) transports by vehicle any hazardous waste
10 without having in each vehicle credentials issued to
11 the transporter by the transporter's base state
12 pursuant to procedures established under the Uniform
13 Program on his person such permit or license.
14 (2) A person who is convicted of a violation of
15 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
16 is guilty of a Class 4 felony. A person who is convicted
17 of a violation of subdivision (1)(D) is guilty of a Class
18 A misdemeanor. In addition to any other penalties
19 prescribed by law, a person convicted of violating
20 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
21 not to exceed $100,000 for each day of such violation,
22 and a person who is convicted of violating subdivision
23 (1)(D) is subject to a fine not to exceed $1,000.
24 (e) Unlawful Delivery of Hazardous Waste.
25 (1) Except as authorized by this Act or the federal
26 Resource Conservation and Recovery Act, and the
27 regulations promulgated thereunder, it is unlawful for
28 any person to knowingly deliver hazardous waste.
29 (2) Unlawful Delivery of Hazardous Waste is a Class
30 3 felony. In addition to any other penalties prescribed
31 by law, a person convicted of the offense of Unlawful
32 Delivery of Hazardous Waste is subject to a fine not to
33 exceed $250,000 for each such violation.
34 (3) For purposes of this Section, "deliver" or
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1 "delivery" means the actual, constructive, or attempted
2 transfer of possession of hazardous waste, with or
3 without consideration, whether or not there is an agency
4 relationship.
5 (f) Reckless Disposal of Hazardous Waste.
6 (1) A person commits Reckless Disposal of Hazardous
7 Waste if he disposes of hazardous waste, and his acts
8 which cause the hazardous waste to be disposed of,
9 whether or not those acts are undertaken pursuant to or
10 under color of any permit or license, are performed with
11 a conscious disregard of a substantial and unjustifiable
12 risk that such disposing of hazardous waste is a gross
13 deviation from the standard of care which a reasonable
14 person would exercise in the situation.
15 (2) Reckless Disposal of Hazardous Waste is a Class
16 4 felony. In addition to any other penalties prescribed
17 by law, a person convicted of the offense of Reckless
18 Disposal of Hazardous Waste is subject to a fine not to
19 exceed $50,000 for each day of such offense.
20 (g) Concealment of Criminal Disposal of Hazardous Waste.
21 (1) A person commits the offense of Concealment of
22 Criminal Disposal of Hazardous Waste when he conceals,
23 without lawful justification, the disposal of hazardous
24 waste with the knowledge that such hazardous waste has
25 been disposed of in violation of this Act.
26 (2) Concealment of Criminal Disposal of a Hazardous
27 Waste is a Class 4 felony. In addition to any other
28 penalties prescribed by law, a person convicted of the
29 offense of Concealment of Criminal Disposal of Hazardous
30 Waste is subject to a fine not to exceed $50,000 for each
31 day of such offense.
32 (h) Violations; False Statements.
33 (1) Any person who knowingly makes a false material
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1 statement in an application for a permit or license
2 required by this Act to treat, transport, store, or
3 dispose of hazardous waste commits the offense of perjury
4 and shall be subject to the penalties set forth in
5 Section 32-2 of the Criminal Code of 1961.
6 (2) Any person who knowingly makes a false material
7 statement or representation in any label, manifest,
8 record, report, permit or license, or other document
9 filed, maintained or used for the purpose of compliance
10 with this Act in connection with the generation,
11 disposal, treatment, storage, or transportation of
12 hazardous waste commits a Class 4 felony. A second or
13 any subsequent offense after conviction hereunder is a
14 Class 3 felony.
15 (3) Any person who knowingly destroys, alters or
16 conceals any record required to be made by this Act in
17 connection with the disposal, treatment, storage, or
18 transportation of hazardous waste, commits a Class 4
19 felony. A second or any subsequent offense after a
20 conviction hereunder is a Class 3 felony.
21 (4) Any person who knowingly makes a false material
22 statement or representation in any application, bill,
23 invoice, or other document filed, maintained, or used for
24 the purpose of receiving money from the Underground
25 Storage Tank Fund commits a Class 4 felony. A second or
26 any subsequent offense after conviction hereunder is a
27 Class 3 felony.
28 (5) Any person who knowingly destroys, alters, or
29 conceals any record required to be made or maintained by
30 this Act or required to be made or maintained by Board or
31 Agency rules for the purpose of receiving money from the
32 Underground Storage Tank Fund commits a Class 4 felony. A
33 second or any subsequent offense after a conviction
34 hereunder is a Class 3 felony.
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1 (6) In addition to any other penalties prescribed
2 by law, a person convicted of violating this subsection
3 (h) is subject to a fine not to exceed $50,000 for each
4 day of such violation.
5 (i) Verification.
6 (1) Each application for a permit or license to
7 dispose of, transport, treat, store or generate hazardous
8 waste under this Act shall contain an affirmation that
9 the facts are true and are made under penalty of perjury
10 as defined in Section 32-2 of the Criminal Code of 1961.
11 It is perjury for a person to sign any such application
12 for a permit or license which contains a false material
13 statement, which he does not believe to be true.
14 (2) Each request for money from the Underground
15 Storage Tank Fund shall contain an affirmation that the
16 facts are true and are made under penalty of perjury as
17 defined in Section 32-2 of the Criminal Code of 1961. It
18 is perjury for a person to sign any request that contains
19 a false material statement that he does not believe to be
20 true.
21 (j) Violations of Other Provisions.
22 (1) It is unlawful for a person knowingly to
23 violate:
24 (A) subsection (f) of Section 12 of this Act;
25 (B) subsection (g) of Section 12 of this Act;
26 (C) any term or condition of any Underground
27 Injection Control (UIC) permit;
28 (D) any filing requirement, regulation, or
29 order relating to the State Underground Injection
30 Control (UIC) program;
31 (E) any provision of any regulation, standard,
32 or filing requirement under subsection (b) of
33 Section 13 of this Act;
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1 (F) any provision of any regulation, standard,
2 or filing requirement under subsection (b) of
3 Section 39 of this Act;
4 (G) any National Pollutant Discharge
5 Elimination System (NPDES) permit issued under this
6 Act or any term or condition of such permit;
7 (H) subsection (h) of Section 12 of this Act;
8 (I) subsection 6 of Section 39.5 of this Act;
9 or
10 (J) any provision of any regulation, standard
11 or filing requirement under Section 39.5 of this
12 Act.
13 (2) A person convicted of a violation of
14 subdivision (1) of this subsection commits a Class 4
15 felony, and in addition to any other penalty prescribed
16 by law is subject to a fine not to exceed $25,000 for
17 each day of such violation.
18 (3) A person who negligently violates the following
19 shall be subject to a fine not to exceed $10,000 for each
20 day of such violation:
21 (A) subsection (f) of Section 12 of this Act;
22 (B) subsection (g) of Section 12 of this Act;
23 (C) any provision of any regulation, standard,
24 or filing requirement under subsection (b) of
25 Section 13 of this Act;
26 (D) any provision of any regulation, standard,
27 or filing requirement under subsection (b) of
28 Section 39 of this Act;
29 (E) any National Pollutant Discharge
30 Elimination System (NPDES) permit issued under this
31 Act;
32 (F) subsection 6 of Section 39.5 of this Act;
33 or
34 (G) any provision of any regulation, standard,
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1 or filing requirement under Section 39.5 of this
2 Act.
3 (4) It is unlawful for a person knowingly to:
4 (A) make any false statement, representation,
5 or certification in an application form, or form
6 pertaining to, a National Pollutant Discharge
7 Elimination System (NPDES) permit;
8 (B) render inaccurate any monitoring device or
9 record required by the Agency or Board in connection
10 with any such permit or with any discharge which is
11 subject to the provisions of subsection (f) of
12 Section 12 of this Act;
13 (C) make any false statement, representation,
14 or certification in any form, notice or report
15 pertaining to a CAAPP permit under Section 39.5 of
16 this Act;
17 (D) render inaccurate any monitoring device or
18 record required by the Agency or Board in connection
19 with any CAAPP permit or with any emission which is
20 subject to the provisions of Section 39.5 of this
21 Act; or
22 (E) violate subsection 6 of Section 39.5 of
23 this Act or any CAAPP permit, or term or condition
24 thereof, or any fee or filing requirement.
25 (5) A person convicted of a violation of
26 subdivision (4) of this subsection commits a Class A
27 misdemeanor, and in addition to any other penalties
28 provided by law is subject to a fine not to exceed
29 $10,000 for each day of violation.
30 (k) Criminal operation of a hazardous waste or PCB
31 incinerator.
32 (1) A person commits the offense of criminal
33 operation of a hazardous waste or PCB incinerator when,
34 in the course of operating a hazardous waste or PCB
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1 incinerator, he knowingly and without justification
2 operates the incinerator (i) without an Agency permit, or
3 in knowing violation of the terms of an Agency permit,
4 and (ii) as a result of such violation, knowingly places
5 any person in danger of great bodily harm or knowingly
6 creates an immediate or long term material danger to the
7 public health or the environment.
8 (2) Any person who commits the offense of criminal
9 operation of a hazardous waste or PCB incinerator for the
10 first time commits a Class 4 felony and, in addition to
11 any other penalties prescribed by law, shall be subject
12 to a fine not to exceed $100,000 for each day of the
13 offense.
14 Any person who commits the offense of criminal
15 operation of a hazardous waste or PCB incinerator for a
16 second or subsequent time commits a Class 3 felony and,
17 in addition to any other penalties prescribed by law,
18 shall be subject to a fine not to exceed $250,000 for
19 each day of the offense.
20 (3) For the purpose of this subsection (k), the
21 term "hazardous waste or PCB incinerator" means a
22 pollution control facility at which either hazardous
23 waste or PCBs, or both, are incinerated. "PCBs" means any
24 substance or mixture of substances that contains one or
25 more polychlorinated biphenyls in detectable amounts.
26 (l) It shall be the duty of all State and local law
27 enforcement officers to enforce this Act and the regulations
28 adopted hereunder, and all such officers shall have authority
29 to issue citations for such violations.
30 (m) Any action brought under this Section shall be
31 brought by the State's Attorney of the county in which the
32 violation occurred, or by the Attorney General, and shall be
33 conducted in accordance with the applicable provisions of the
34 Code of Criminal Procedure of 1963.
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1 (n) For an offense described in this Section, the period
2 for commencing prosecution prescribed by the statute of
3 limitations shall not begin to run until the offense is
4 discovered by or reported to a State or local agency having
5 the authority to investigate violations of this Act.
6 (o) In addition to any other penalties provided under
7 this Act, if a person is convicted of (or agrees to a
8 settlement in an enforcement action over) illegal dumping of
9 waste on the person's own property, the Attorney General, the
10 Agency or local prosecuting authority shall file notice of
11 the conviction, finding or agreement in the office of the
12 Recorder in the county in which the landowner lives.
13 (Source: P.A. 88-45; 88-668, eff. 9-16-94; 88-681, eff.
14 12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.