Public Act 097-0286
 
HB2001 EnrolledLRB097 09891 JDS 50051 b

    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
    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) 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
    subparagraph (D) of paragraph (1) of this subsection
    subdivision (1)(D) 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 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 subparagraph (D) of paragraph (1)
    of this subsection 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.
        (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 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;
            (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
    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
    subparagraph item (A) of paragraph 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 subparagraph item (A) of paragraph 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
        subparagraph item (B) of paragraph 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 subparagraph item (B) of
        paragraph subdivision (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 $5,000 for each day of violation.
(Source: P.A. 96-603, eff. 8-24-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.