|
Occupational Licensing Fund. The Agency
is authorized to use |
monies in the Hazardous Waste Occupational Licensing Fund to |
perform its functions, powers,
and duties under this Section.
|
On and after the effective date of this amendatory Act of |
the 98th General Assembly, all fees collected by the Agency |
under this Section shall be deposited into the Environmental |
Protection Permit and Inspection Fund to be used in accordance |
with the provisions of subsection (a) of Section 22.8 of the |
Environmental Protection Act. |
(Source: P.A. 86-1363.)
|
Section 5. The Environmental Protection Act is amended by |
changing Sections 22.8, 37, and 44 as follows:
|
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
|
Sec. 22.8. Environmental Protection Permit and Inspection |
Fund.
|
(a) There is hereby created in the State Treasury a special |
fund to be known
as the Environmental Protection Permit and |
Inspection Fund. All fees collected
by the Agency pursuant to |
this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), |
56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act |
or pursuant to Section 22 of the Public Water Supply Operations |
Act or Section 1011 of the Solid Waste Site Operator |
Certification Law, as well as
and funds collected under |
subsection (b.5) of Section 42 of this Act
shall be deposited |
|
into the Fund. In addition to any monies appropriated
from the |
General Revenue Fund, monies in the Fund shall be appropriated
|
by the General Assembly to the Agency in amounts deemed |
necessary for
manifest, permit, and inspection activities and |
for performing its functions, powers, and duties under the |
Solid Waste Site Operator Certification Law processing |
requests
under Section 22.2 (j)(6)(E)(v)(IV).
|
The General Assembly may appropriate monies in the Fund |
deemed necessary
for Board regulatory and adjudicatory |
proceedings.
|
(a-5) As soon as practicable after the effective date of |
this amendatory Act of the 98th General Assembly, but no later |
than January 1, 2014, the State Comptroller shall direct and |
the State Treasurer shall transfer all monies in the Industrial |
Hygiene Regulatory and Enforcement Fund to the Environmental |
Protection Permit and Inspection Fund to be used in accordance |
with the terms of the Environmental Protection Permit and |
Inspection Fund. |
(a-6) As soon as practicable after the effective date of |
this amendatory Act of the 98th General Assembly, but no later |
than December 31, 2014, the State Comptroller shall order the |
transfer of, and the State Treasurer shall transfer, all moneys |
in the Hazardous Waste Occupational Licensing Fund into the |
Environmental Protection Permit and Inspection Fund to be used |
in accordance with the terms of the Environmental Protection |
Permit and Inspection Fund. |
|
(b) The Agency shall collect from the
owner or operator of |
any of the following types of hazardous waste disposal
sites or |
management facilities which require a RCRA permit under |
subsection
(f) of Section 21 of this Act, or a UIC permit under |
subsection (g) of Section
12 of this Act, an annual fee in the |
amount of:
|
(1) $35,000 ($70,000 beginning in 2004)
for a hazardous |
waste disposal site receiving hazardous
waste if the |
hazardous waste disposal site is located off the site where
|
such waste was produced;
|
(2) $9,000 ($18,000 beginning in 2004)
for a hazardous |
waste disposal site receiving hazardous waste
if the |
hazardous waste disposal site is located on the site where |
such
waste was produced;
|
(3) $7,000 ($14,000 beginning in 2004)
for a hazardous |
waste disposal site receiving hazardous waste
if the |
hazardous waste disposal site is an underground injection |
well;
|
(4) $2,000 ($4,000 beginning in 2004)
for a hazardous |
waste management facility treating
hazardous waste by |
incineration;
|
(5) $1,000 ($2,000 beginning in 2004)
for a hazardous |
waste management facility treating hazardous
waste by a |
method, technique or process other than incineration;
|
(6) $1,000 ($2,000 beginning in 2004)
for a hazardous |
waste management facility storing hazardous
waste in a |
|
surface impoundment or pile;
|
(7) $250 ($500 beginning in 2004)
for a hazardous waste |
management facility storing hazardous
waste other than in a |
surface impoundment or pile; and
|
(8) Beginning in 2004, $500 for a large quantity |
hazardous waste
generator required to submit an annual or |
biennial report for hazardous waste
generation.
|
(c) Where two or more operational units are located within |
a single
hazardous waste disposal site, the Agency shall |
collect from the owner or
operator of such site an annual fee |
equal to the highest fee imposed by
subsection (b) of this |
Section upon any single operational unit within the
site.
|
(d) The fee imposed upon a hazardous waste disposal site |
under this
Section shall be the exclusive permit and inspection |
fee applicable to
hazardous waste disposal at such site, |
provided that nothing in this
Section shall be construed to |
diminish or otherwise affect any fee imposed
upon the owner or |
operator of a hazardous waste disposal site by Section 22.2.
|
(e) The Agency shall establish procedures, no later than |
December 1,
1984, relating to the collection of the hazardous |
waste disposal site
fees authorized by this Section. Such |
procedures shall include, but not be
limited to the time and |
manner of payment of fees to the Agency, which
shall be |
quarterly, payable at the beginning of each quarter for |
hazardous
waste disposal site fees. Annual fees required under |
paragraph (7) of
subsection (b) of this Section shall accompany |
|
the annual report required
by Board regulations for the |
calendar year for which the report applies.
|
(f) For purposes of this Section, a hazardous waste |
disposal site
consists of one or more of the following |
operational units:
|
(1) a landfill receiving hazardous waste for disposal;
|
(2) a waste pile or surface impoundment, receiving |
hazardous waste, in
which residues which exhibit any of the |
characteristics of hazardous waste
pursuant to Board |
regulations are reasonably expected to remain after |
closure;
|
(3) a land treatment facility receiving hazardous |
waste; or
|
(4) a well injecting hazardous waste.
|
(g) The Agency shall assess a fee for each manifest |
provided by the
Agency. For manifests provided on or after |
January 1, 1989 but before July 1,
2003, the fee shall be $1 |
per manifest. For manifests provided on or after
July 1, 2003, |
the fee shall be $3 per manifest.
|
(Source: P.A. 98-78, eff. 7-15-13.)
|
(415 ILCS 5/37) (from Ch. 111 1/2, par. 1037)
|
Sec. 37. Variances; procedures.
|
(a) Any person seeking a variance pursuant to subsection
|
(a) of Section 35 shall do so by filing a petition for variance |
with the
Board and providing a copy of the petition to the |
|
Agency. Any person filing such a petition shall (i) pay a
|
filing fee, (ii) . The Agency shall promptly give written notice |
of such
petition to any person in the county in which the |
installation or property
for which variance is sought is |
located who has filed with the Board a written request for in |
writing requested notice
of variance petitions, the State's |
attorney of such county, the Chairman of
the County Board of |
such county, and to each member of the General Assembly
from |
the legislative district in which that installation or property |
is
located, and (iii) shall publish a single notice of such |
petition in a newspaper
of general circulation in such county. |
The notices required by this Section
shall be in a format |
prescribed by the Board and shall include the street address, |
and if there is no street address then
the legal description or |
the location with reference to any well known
landmark, |
highway, road, thoroughfare or intersection.
|
The Agency shall promptly investigate such petition and |
consider the views
of persons who might be adversely affected |
by the grant of a variance.
The Agency shall make a |
recommendation to the Board as to the
disposition of the |
petition. If the Board, in its discretion, concludes
that a |
hearing would be advisable, or if the Agency or any other |
person
files a written objection to the grant of such variance |
within 21 days,
together with a written request for hearing, |
then a hearing shall be
held, under the rules prescribed in |
Sections 32 and 33 (a) of this Act,
and the burden of proof |
|
shall be on the petitioner.
|
(b) Any person seeking a provisional variance pursuant to |
subsection
(b) of Section 35 shall make a request to the |
Agency. The Agency shall
promptly investigate and consider the |
merits of the request.
If the Agency fails to take final action |
within 30 days after receipt of
the request for a provisional |
variance, or if the Agency denies the
request, the person may |
initiate a proceeding with the Board under
subsection (a) of |
Section 35.
|
If the Agency grants a provisional variance, the Agency |
must promptly
file a copy of its written decision with the |
Board, and shall
give prompt notice of its action to the public |
by issuing a press release for
distribution to newspapers of |
general circulation in the county. The Board
must maintain for |
public inspection copies of all provisional variances filed
|
with it by the Agency.
|
(Source: P.A. 93-152, eff. 7-10-03.)
|
(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
|
Sec. 44. Criminal acts; penalties.
|
(a) Except as otherwise provided in this Section, it shall |
be
a Class A misdemeanor to violate this Act or
regulations |
thereunder, or any permit or term or condition thereof, or
|
knowingly to submit any false information under this Act or |
regulations
adopted thereunder, or under any permit or term or |
condition thereof.
A court may, in addition to any other |
|
penalty herein imposed, order a person
convicted of any |
violation of this Act to perform
community service for not less |
than 100 hours and not more than 300 hours if
community service |
is available in the jurisdiction.
It shall be the duty of all |
State and local law-enforcement officers to
enforce such Act |
and regulations, and all such officers shall have
authority to |
issue citations for such violations.
|
(b) Calculated Criminal Disposal of Hazardous Waste.
|
(1) A person commits the offense of Calculated Criminal |
Disposal of
Hazardous Waste when, without lawful |
justification, he knowingly disposes
of hazardous waste |
while knowing that he thereby places another
person in |
danger of great bodily harm or creates an immediate or |
long-term
danger to the public health or the environment.
|
(2) Calculated Criminal Disposal of Hazardous Waste is |
a Class 2 felony.
In addition to any other penalties |
prescribed by law, a person convicted
of the offense of |
Calculated Criminal Disposal of Hazardous Waste is subject
|
to a fine not to exceed $500,000 for each day of such |
offense.
|
(c) Criminal Disposal of Hazardous Waste.
|
(1) A person commits the offense of Criminal Disposal |
of Hazardous Waste
when, without lawful justification, he |
knowingly disposes of hazardous waste.
|
|
(2) Criminal Disposal of Hazardous Waste is a Class 3 |
felony. In addition
to any other penalties prescribed by |
law, a person convicted of the offense
of Criminal Disposal |
of Hazardous Waste is subject to a fine not to exceed
|
$250,000 for each day of such offense.
|
(d) Unauthorized Use of Hazardous Waste.
|
(1) A person commits the offense of Unauthorized Use of |
Hazardous Waste
when he, being required to have a permit, |
registration, or license under
this Act or any
other law |
regulating the treatment, transportation, or storage of |
hazardous
waste, knowingly:
|
(A) treats, transports, or stores any hazardous |
waste without such
permit, registration, or license;
|
(B) treats, transports, or stores any hazardous |
waste in violation of
the terms and conditions of such |
permit or license;
|
(C) transports any hazardous waste to a facility |
which does not have a
permit or license required under |
this Act; or
|
(D) transports by vehicle any hazardous waste |
without having in
each vehicle credentials issued to |
the transporter by the transporter's base
state |
pursuant to procedures established under the Uniform |
Program.
|
(2) A person who is convicted of a violation of |
|
subparagraph (A), (B), or (C) of paragraph (1) of this |
subsection is guilty of a Class 4 felony. A person who
is |
convicted of a violation of subparagraph (D) of paragraph |
(1) of this subsection is guilty of a Class A
misdemeanor. |
In addition to any other penalties prescribed by law, a |
person
convicted of violating subparagraph (A), (B), or (C) |
of paragraph (1) of this subsection is subject to
a fine |
not to exceed $100,000 for each day of such violation, and |
a
person who is convicted of violating subparagraph (D) of |
paragraph (1) of this subsection is subject to a
fine not |
to exceed $1,000.
|
(e) Unlawful Delivery of Hazardous Waste.
|
(1) Except as authorized by this Act or the federal |
Resource
Conservation and Recovery Act, and the |
regulations promulgated thereunder,
it is unlawful for any |
person to knowingly deliver hazardous waste.
|
(2) Unlawful Delivery of Hazardous Waste is a Class 3 |
felony. In
addition to any other penalties prescribed by |
law, a person convicted of
the offense of Unlawful Delivery |
of Hazardous Waste is subject to a fine
not to exceed |
$250,000 for each such violation.
|
(3) For purposes of this Section, "deliver" or |
"delivery" means the
actual, constructive, or attempted |
transfer of possession of hazardous
waste, with or without |
consideration, whether or not there is an agency
|
|
relationship.
|
(f) Reckless Disposal of Hazardous Waste.
|
(1) A person commits Reckless Disposal of Hazardous |
Waste if he disposes
of hazardous waste, and his acts which |
cause the hazardous waste to be disposed
of, whether or not |
those acts are undertaken pursuant to or under color
of any |
permit or license, are performed with a conscious disregard |
of a
substantial and unjustifiable risk that such disposing |
of
hazardous waste is a gross deviation from the standard |
of care which a
reasonable person would exercise in the |
situation.
|
(2) Reckless Disposal of Hazardous Waste is a Class 4 |
felony. In addition
to any other penalties prescribed by |
law, a person convicted of the offense
of Reckless Disposal |
of Hazardous Waste is subject to a fine not to exceed
|
$50,000 for each day of such offense.
|
(g) Concealment of Criminal Disposal of Hazardous Waste.
|
(1) A person commits the offense of Concealment of |
Criminal Disposal
of Hazardous Waste when he conceals, |
without lawful justification, the disposal
of hazardous |
waste with the knowledge that such hazardous waste has been
|
disposed of in violation of this Act.
|
(2) Concealment of Criminal Disposal of a Hazardous |
Waste is a Class
4 felony. In addition to any other |
|
penalties prescribed by law, a person
convicted of the |
offense of Concealment of Criminal Disposal of Hazardous
|
Waste is subject to a fine not to exceed $50,000 for each |
day of such offense.
|
(h) Violations; False Statements.
|
(1) Any person who knowingly makes a false material |
statement in an
application for a permit or license |
required by this Act to treat, transport,
store, or dispose |
of hazardous waste commits the offense of perjury and
shall |
be subject to the penalties set forth in Section 32-2 of |
the Criminal
Code of 2012.
|
(2) Any person who knowingly makes a false material |
statement or
representation in any label, manifest, |
record, report, permit or license,
or other document filed, |
maintained, or used for the purpose of compliance
with this |
Act in connection with the generation, disposal, |
treatment,
storage, or transportation of hazardous waste |
commits a Class 4 felony. A
second or any subsequent |
offense after conviction hereunder is a Class 3
felony.
|
(3) Any person who knowingly destroys, alters, or |
conceals any record
required to be made by this Act in |
connection with the disposal, treatment,
storage, or |
transportation of hazardous waste commits a Class 4 felony.
|
A second or any subsequent offense after a conviction |
hereunder is a
Class 3 felony.
|
|
(4) Any person who knowingly makes a false material |
statement or
representation in any application, bill, |
invoice, or other document filed,
maintained, or used for |
the purpose of receiving money from the Underground
Storage |
Tank Fund commits a Class 4 felony. A second or any |
subsequent
offense after conviction hereunder is a Class 3 |
felony.
|
(4.5) Any person who knowingly makes a false material |
statement or representation in any label, manifest, |
record, report, permit or license, or other document filed, |
maintained, or used for the purpose of compliance with |
Title XVI of this Act commits a Class 4 felony. Any second |
or subsequent offense after conviction hereunder is a Class |
3 felony.
|
(5) Any person who knowingly destroys, alters, or |
conceals any record
required to be made or maintained by |
this Act or required to be made or
maintained by Board or |
Agency rules for the purpose of receiving money from
the |
Underground Storage Tank Fund commits a Class 4 felony. A |
second or any
subsequent offense after a conviction |
hereunder is a Class 3 felony.
|
(6) A person who knowingly and falsely certifies under |
Section 22.48
that an industrial process waste or pollution |
control waste is not special
waste commits a Class 4 felony |
for a first offense and commits a Class 3 felony
for a |
second or subsequent offense.
|
|
(7) In addition to any other penalties prescribed by |
law, a person
convicted of violating this subsection (h) is |
subject to a fine not to
exceed $50,000 for each day of |
such violation.
|
(8) Any person who knowingly makes a false, fictitious, |
or fraudulent material statement, orally or in writing, to |
the Agency, or to a unit of local government to which the |
Agency has delegated authority under subsection (r) of |
Section 4 of this Act, related to or required by this Act, |
a regulation adopted under this Act, any federal law or |
regulation for which the Agency has responsibility, or any |
permit, term, or condition thereof, commits a Class 4 |
felony, and each such statement or writing shall be |
considered a separate Class 4 felony. A person who, after |
being convicted under this paragraph (8), violates this |
paragraph (8) a second or subsequent time, commits a Class |
3 felony.
|
(i) Verification.
|
(1) Each application for a permit or license to dispose
|
of, transport, treat, store, or generate hazardous waste |
under this Act
shall contain an affirmation that the facts |
are true and are made under
penalty of perjury as defined |
in Section 32-2 of the Criminal Code of 2012.
It is perjury |
for a person to sign any such application for a permit or
|
license which contains a false material statement, which he |
|
does not believe
to be true.
|
(2) Each request for money from the Underground Storage |
Tank Fund
shall contain an affirmation that the facts are |
true and are made under
penalty of perjury as defined in |
Section 32-2 of the Criminal Code of 2012.
It is perjury |
for a person to sign any request that contains a false
|
material statement that he does not believe to be true.
|
(j) Violations of Other Provisions.
|
(1) It is unlawful for a person knowingly to violate:
|
(A) subsection (f) of Section 12 of this Act;
|
(B) subsection (g) of Section 12 of this Act;
|
(C) any term or condition of any Underground |
Injection Control (UIC)
permit;
|
(D) any filing requirement, regulation, or order |
relating to the State
Underground Injection Control |
(UIC) program;
|
(E) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 13 |
of this Act;
|
(F) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 39 |
of this Act;
|
(G) any National Pollutant Discharge Elimination |
System (NPDES) permit
issued under this Act or any term |
or condition of such permit;
|
|
(H) subsection (h) of Section 12 of this Act;
|
(I) subsection 6 of Section 39.5 of this Act;
|
(J) any provision of any regulation, standard or |
filing requirement
under Section 39.5 of this Act;
|
(K) a provision of the Procedures for Asbestos |
Emission Control in
subsection (c) of
Section 61.145 of |
Title 40 of the Code of Federal Regulations; or |
(L) the standard for waste disposal for |
manufacturing, fabricating, demolition, renovation, |
and spraying operations in Section 61.150 of Title 40 |
of the Code of Federal Regulations.
|
(2) A person convicted of a violation of subdivision |
(1) of this
subsection commits a Class 4 felony, and in |
addition to any other penalty
prescribed by law is subject |
to a fine not to exceed $25,000 for each day
of such |
violation.
|
(3) A person who negligently violates the following |
shall be subject
to a fine not to exceed $10,000 for each |
day of such violation:
|
(A) subsection (f) of Section 12 of this Act;
|
(B) subsection (g) of Section 12 of this Act;
|
(C) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 13 |
of this Act;
|
(D) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 39 |
|
of this Act;
|
(E) any National Pollutant Discharge Elimination |
System (NPDES) permit
issued under this Act;
|
(F) subsection 6 of Section 39.5 of this Act; or
|
(G) any provision of any regulation, standard, or |
filing requirement
under Section 39.5 of this Act.
|
(4) It is unlawful for a person knowingly to:
|
(A) make any false statement, representation, or |
certification
in an application form, or form |
pertaining to, a National Pollutant Discharge
|
Elimination System (NPDES) permit;
|
(B) render inaccurate any monitoring device or |
record required by the
Agency or Board in connection |
with any such permit or with any discharge
which is |
subject to the provisions of subsection (f) of Section |
12 of this
Act;
|
(C) make any false statement, representation, or |
certification in any
form, notice, or report |
pertaining to a CAAPP permit under Section 39.5 of this
|
Act;
|
(D) render inaccurate any monitoring device or |
record required by
the Agency or Board in connection |
with any CAAPP permit or with any
emission which is |
subject to the provisions of Section 39.5 of this Act; |
or
|
(E) violate subsection 6 of Section 39.5 of this |
|
Act or any CAAPP
permit, or term or condition thereof, |
or any fee or filing requirement.
|
(5) A person convicted of a violation of paragraph (4) |
of this
subsection commits a Class A misdemeanor, and in |
addition to any other
penalties provided by law is subject |
to a fine not to exceed $10,000 for
each day of violation.
|
(k) Criminal operation of a hazardous waste or PCB |
incinerator.
|
(1) A person commits the offense of criminal operation |
of a hazardous
waste or PCB incinerator when, in the course |
of operating a hazardous waste
or PCB incinerator, he |
knowingly and without justification operates
the |
incinerator (i) without an Agency permit, or in knowing |
violation of
the terms of an Agency permit, and (ii) as a |
result of such violation,
knowingly places any person in |
danger of great bodily harm or knowingly
creates an |
immediate or long term material danger to the public health |
or
the environment.
|
(2) Any person who commits the offense of criminal |
operation of a
hazardous waste or PCB incinerator for the |
first time commits a Class 4
felony and, in addition to any |
other penalties prescribed by law, shall be
subject to a |
fine not to exceed $100,000 for each day of the offense.
|
Any person who commits the offense of criminal |
operation of a hazardous
waste or PCB incinerator for a |
|
second or subsequent time commits a Class 3
felony and, in |
addition to any other penalties prescribed by law, shall be
|
subject to a fine not to exceed $250,000 for each day of |
the offense.
|
(3) For the purpose of this subsection (k), the term |
"hazardous waste
or PCB incinerator" means a pollution |
control facility at which
either hazardous waste or PCBs, |
or both, are incinerated. "PCBs" means any
substance or |
mixture of substances that contains one or more
|
polychlorinated biphenyls in detectable amounts.
|
(l) It shall be the duty of all State and local law |
enforcement officers
to enforce this Act and the regulations |
adopted hereunder, and all such
officers shall have authority |
to issue citations for such violations.
|
(m) Any action brought under this Section shall be brought |
by the
State's Attorney of the county in which the violation |
occurred, or by the
Attorney General, and shall be conducted in |
accordance with the applicable
provisions of the Code of |
Criminal Procedure of 1963.
|
(n) For an offense described in this Section, the period |
for
commencing prosecution prescribed by the statute of |
limitations shall not
begin to run until the offense is |
discovered by or reported to a State or
local agency having the |
|
authority to investigate violations of this Act.
|
(o) In addition to any other penalties provided under this
|
Act, if a person is convicted of (or agrees to a settlement in |
an enforcement
action over) illegal dumping of waste on the |
person's own property, the
Attorney General, the Agency, or |
local prosecuting authority shall file notice
of the |
conviction, finding, or agreement in the office of the Recorder |
in the
county in which the landowner lives.
|
(p) Criminal Disposal of Waste.
|
(1) A person commits the offense of Criminal Disposal |
of Waste when he or
she:
|
(A) if required to have a permit under subsection |
(d)
of Section 21 of this Act, knowingly conducts a |
waste-storage, waste-treatment,
or
waste-disposal |
operation in a quantity that exceeds 250 cubic feet of |
waste
without a permit; or
|
(B) knowingly conducts open dumping of waste in |
violation of subsection
(a) of
Section 21 of this Act.
|
(2) (A) A person who is convicted of a violation of |
subparagraph (A) of
paragraph (1) of this subsection is |
guilty of a Class 4 felony for a first
offense
and, in
|
addition to any other penalties provided by law, is subject |
to a fine not to
exceed $25,000 for each day of violation.
|
A person who is convicted of a violation of subparagraph |
|
(A) of paragraph (1) of this
subsection is guilty of a |
Class 3 felony for a second or subsequent offense
and, in |
addition to any other penalties provided by law, is subject |
to a fine
not to exceed $50,000 for each day of violation.
|
(B) A person who is convicted of a
violation of |
subparagraph (B) of paragraph
(1) of this subsection is |
guilty of a Class A misdemeanor.
However, a person who |
is convicted of a violation of subparagraph
(B) of
|
paragraph (1) of this
subsection for the open dumping |
of waste in a quantity that exceeds 250 cubic
feet or |
that exceeds 50 waste tires is guilty of a Class 4 |
felony
and, in
addition to any other penalties provided |
by law, is subject to a fine not to
exceed $25,000 for |
each day of violation.
|
(q) Criminal Damage to a Public Water Supply. |
(1) A person commits the offense of Criminal Damage to |
a Public Water Supply when, without lawful justification, |
he knowingly alters, damages, or otherwise tampers with the |
equipment or property of a public water supply, or |
knowingly introduces a contaminant into the distribution |
system of a public water supply so as to cause, threaten, |
or allow the distribution of water from any public water |
supply of such quality or quantity as to be injurious to |
human health or the environment. |
(2) Criminal Damage to a Public Water Supply is a Class |
|
4 felony. In addition to any other penalties prescribed by |
law, a person convicted of the offense of Criminal Damage |
to a Public Water Supply is subject to a fine not to exceed |
$250,000 for each day of such offense.
|
(r) Aggravated Criminal Damage to a Public Water Supply. |
(1) A person commits the offense of Aggravated Criminal |
Damage to a Public Water Supply when, without lawful |
justification, he commits Criminal Damage to a Public Water |
Supply while knowing that he thereby places another person |
in danger of serious illness or great bodily harm, or |
creates an immediate or long-term danger to public health |
or the environment. |
(2) Aggravated Criminal Damage to a Public Water Supply |
is a Class 2 felony. In addition to any other penalties |
prescribed by law, a person convicted of the offense of |
Aggravated Criminal Damage to a Public Water Supply is |
subject to a fine not to exceed $500,000 for each day of |
such offense. |
(Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; |
97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. |
1-25-13.)
|
(415 ILCS 5/57.17 rep.)
|
Section 8. The Environmental Protection Act is amended by |
repealing Section 57.17.
|
|
Section 10. The Public Water Supply Operations Act is |
amended by changing Sections 1 and 13 and by adding Section 5.1 |
as follows:
|
(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
|
Sec. 1.
(1) In order to safeguard the health and well-being |
well being of the
populace, every community water supply in |
Illinois shall have on its
operational staff at least one |
natural person certified as competent as
a water supply |
operator under the provisions of this Act.
|
Except for exempt community water supplies as specified in |
Section 9.1 of
this Act, all portions of a community water |
supply system shall be under the
direct supervision of a |
properly certified community water supply operator.
|
(2) The following class requirements apply:
|
(a) Each Class A community water supply which includes |
coagulation, lime
softening, or sedimentation as a part of |
its primary treatment shall have in
its employ at least one |
natural person certified as competent as a Class A
|
community water supply operator. This includes all surface |
water community
water supplies.
|
(b) Each Class B community water supply which includes |
filtration, aeration and
filtration, or ion exchange |
equipment as a part of its primary treatment
shall have in |
its employ at least one natural person certified as |
|
competent
as a Class B or Class A community water supply |
operator.
|
(c) Each Class C community water supply which utilizes |
chemical feeding only
shall have in its employ at least one |
natural person certified as competent
as a Class C, Class |
B, or Class A community water supply operator.
|
(d) Each Class D community water supply in which the |
facilities are limited to
pumpage, storage, or |
distribution shall have in its employ at least one
natural |
person certified as competent as a Class D, Class C, Class |
B, or
Class A community water supply operator.
|
(2.5) The Agency may adopt rules that classify or |
reclassify community water supplies as Class A, Class B, Class |
C, or Class D community water supplies. A community water |
supply that cannot be clearly classified under Section 5.1 or |
Agency rules shall grouped
according to this Section will be |
considered individually and
designated, in writing, by the |
Agency, as a Class A, Class B, Class C, or Class D community |
water supply within one of the above groups by the Agency. |
Classifications made under this subsection (2.5) shall This
|
determination will be based on the nature of the community |
water
supply and on the education and experience necessary to |
operate it.
|
(3) A community water supply may satisfy the requirements |
of this
Section by contracting the services of a properly |
qualified certified operator
of the required class or higher, |
|
as specified in subsection (2). A
written agreement to this |
effect must be on file with the Agency certifying
that such an |
agreement exists, and delegating responsibility and authority
|
to the contracted party. This written agreement shall be signed |
by both the
certified operator to be contracted and the |
responsible community water
supply owner or official custodian |
and must be approved in writing by the
Agency.
|
(Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16, |
eff.
6-28-01.)
|
(415 ILCS 45/5.1 new) |
Sec. 5.1. Class definitions. Except as otherwise provided |
by Agency rules adopted pursuant to subsection (2.5) of Section |
1 of this Act: |
"Class A community water supply" means (i) any surface |
water community water supply and (ii) any community water |
supply that includes coagulation, lime softening, ultraviolet |
disinfection, membrane filtration, or sedimentation as a part |
of its primary treatment. |
"Class B community water supply" means any community water |
supply that includes filtration (other than membrane |
filtration), aeration and filtration (other than membrane |
filtration), or ion exchange equipment as a part of its primary |
treatment. |
"Class C community water supply" means any community water |
supply that uses chemical feeding as its only form of |
|
treatment. |
"Class D community water supply" means any community water |
supply that has only pumpage, storage, or distribution |
facilities.
|
(415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
|
Sec. 13.
Community Water Supply Operators shall be |
certified in accordance with the
following classifications:
|
(a) A "Class A" Water Supply Operator Certificate shall be |
issued to
those persons who, in accordance with the provisions |
of Sections 1 through
23 of this Act, demonstrate the necessary |
skills, knowledge, ability, and
judgment that are necessary to |
operate a Class A community water supply in a manner that will |
provide safe, potable water for human consumption, as well as |
the skills, knowledge, ability, and judgment necessary to |
operate Class B, Class C, and Class D community water supplies |
of the chemical,
biological, and physical sciences essential to |
the practical mechanics of
coagulation, lime softening, and |
sedimentation, and distribution in a
manner that which will |
provide safe, potable water for human consumption. This
|
includes all surface water community water supplies. The |
operators
will also demonstrate the necessary skills, |
knowledge, ability, and judgment
of the treatment processes
|
outlined in Sections 13 (b),
13 (c), and 13 (d) of this Act.
|
(b) A "Class B" Water Supply Operator Certificate shall be |
issued to
those persons who, in accordance with the provisions |
|
of Section 1 through
23 of this Act, demonstrate the necessary |
skills, knowledge, ability, and
judgment that are necessary to |
operate a Class B community water supply in a manner that will |
provide safe, potable water for human consumption, as well as |
the skills, knowledge, ability, and judgment necessary to |
operate Class C and Class D community water supplies of the |
chemical,
biological, and physical sciences essential to the |
practical mechanics of
filtration, aeration and filtration, |
and ion exchange systems, and
distribution in a manner that |
which will provide safe, potable water for human
consumption. |
The operators will also demonstrate the necessary
skills, |
knowledge, ability, and judgment of the treatment processes |
outlined in
Sections 13 (c) and 13 (d) of this Act.
|
(c) A "Class C" Water Supply Operator Certificate shall be |
issued to
those persons who, in accordance with the provisions |
of Sections 1 through
23 of this Act, demonstrate the necessary |
skills, knowledge, ability, and
judgment that are necessary to |
operate a Class C community water supply in a manner that will |
provide safe, potable water for human consumption, as well as |
the skills, knowledge, ability, and judgment necessary to |
operate a Class D community water supply of the chemical,
|
biological, and physical sciences essential to the practical |
mechanics of
chemical feeding and disinfection and |
distribution in a manner that which will
provide safe, potable |
water for human consumption. The operators
will also |
demonstrate the necessary skills, knowledge, ability, and |
|
judgment
of the treatment processes outlined in Section 13 (d) |
of this Act.
|
(d) A "Class D" Water Supply Operator Certificate shall be |
issued to
those persons who, in accordance with the provisions |
of Sections 1 through
23 of this Act, demonstrate the necessary |
skills, knowledge, ability, and
judgment that are necessary to |
operate a Class D community water supply of the chemical,
|
biological, and physical sciences essential to the practical |
mechanics of
pumpage, storage, and distribution in a manner |
that which will provide safe,
potable water for human |
consumption.
|
(Source: P.A. 91-84, eff. 7-9-99.)
|
(525 ILCS 25/10 rep.) |
Section 30. The Illinois Lake Management Program Act is |
amended by repealing Section 10.
|
Section 99. Effective date. This Act takes effect upon |
becoming law, except that Section 2 takes effect on January 1, |
2015.
|