Public Act 094-0286
Public Act 0286 94TH GENERAL ASSEMBLY
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Public Act 094-0286
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| HB0433 Enrolled |
LRB094 06726 RSP 36825 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Environmental Protection Act is amended by | changing Section 44 as follows:
| (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
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| 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 | subdivision (1)(A), (1)(B)
or (1)(C) of this subsection is | guilty of a Class 4 felony. A person who
is convicted of a | violation of subdivision (1)(D) is guilty of a Class A
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| misdemeanor. In addition to any other penalties prescribed | by law, a person
convicted of violating subdivision (1)(A), | (1)(B) or (1)(C) is subject to
a fine not to exceed | $100,000 for each day of such violation, and a
person who | is convicted of violating subdivision (1)(D) 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 1961.
| (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.
| (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.
| (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 1961.
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 1961.
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; or
| (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 subdivision | (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 | item (A) of
subdivision (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 | item (A) of subdivision (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 | item (B) of subdivision
(1) of this subsection is | guilty of a Class A misdemeanor.
However, a person who | is convicted of a second or subsequent violation of | item
(B) of
subdivision (1) of this
subsection for the | open dumping of waste in a quantity that exceeds 250 | cubic
feet 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 $5,000 for each day of | violation.
| (Source: P.A. 89-235, eff. 8-4-95; 90-219, eff. 7-25-97; | 90-344, eff.
1-1-98; 90-502, eff. 8-19-97; 90-655, eff. | 7-30-98.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/21/2005
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