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90_HB1122
415 ILCS 5/3.45 from Ch. 111 1/2, par. 1003.45
415 ILCS 5/22.48 new
415 ILCS 5/44 from Ch. 111 1/2, par. 1044
Amends the Environmental Protection Act to redefine
"special waste". Provides that certain industrial process
waste and pollution control waste shall be managed as
special waste unless the generator provides a specified
certification. Effective immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 3.45 and 44 and adding Section 22.48.
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
6 by changing Sections 3.45 and 44 and adding Section 22.48 as
7 follows:
8 (415 ILCS 5/3.45) (from Ch. 111 1/2, par. 1003.45)
9 Sec. 3.45. Special waste. "Special waste" means any of
10 the following:
11 (a) potentially infectious medical waste;
12 (b) hazardous waste, as determined in conformance with
13 RCRA hazardous waste determination requirements set forth in
14 Section 722.111 of Title 35 of the Illinois Administrative
15 Code, including a residue from burning or processing
16 hazardous waste in a boiler or industrial furnace unless the
17 residue has been tested in accordance with Section 726.212 of
18 Title 35 of the Illinois Administrative Code and proven to be
19 nonhazardous;
20 (c) industrial process waste or pollution control waste,
21 except:
22 (1) any such waste certified by its generator,
23 pursuant to Section 22.48 of this Act, not to be any of
24 the following:
25 (A) potentially infectious medical waste;
26 (B) hazardous waste, as determined in
27 conformance with RCRA hazardous waste determination
28 requirements set forth in Section 722.111 of Title
29 35 of the Illinois Administrative Code;
30 (C) a liquid, as determined using the paint
31 filter test set forth in subdivision (3)(A) of
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1 subsection (m) of Section 811.107 of Title 35 of the
2 Illinois Administrative Code;
3 (D) regulated asbestos-containing waste
4 materials, as defined under the National Emission
5 Standards for Hazardous Air Pollutants in 40 CFR
6 Section 61.141;
7 (E) polychlorinated biphenyls (PCB's)
8 regulated pursuant to 40 CFR Part 761;
9 (F) an industrial process waste or pollution
10 control waste subject to the waste analysis and
11 recordkeeping requirements of Section 728.107 of
12 Title 35 of the Illinois Administrative Code under
13 the land disposal restrictions of Part 728 of Title
14 35 of the Illinois Administrative Code; and
15 (G) a waste material generated by processing
16 recyclable metals by shredding and required to be
17 managed as a special waste under Section 22.29 of
18 this Act; or
19 (2) as may otherwise be determined under Section
20 22.9 of this Act. industrial process waste, pollution
21 control waste or hazardous waste, except as may be
22 determined pursuant to Section 22.9 of this Act.
23 "Special waste" also means any potentially infectious
24 medical waste.
25 "Special waste" does not mean fluorescent and high
26 intensity discharge lamps as defined in subsection (a) of
27 Section 22.23a 22.23a(a) of this Act, waste that is managed
28 in accordance with the universal waste requirements set forth
29 in Title 35 of the Illinois Administrative Code, Subtitle G,
30 Chapter I, Subchapter c, Part 733, or waste that is subject
31 to rules adopted pursuant to subsection (c)(2) of Section
32 22.23a of this Act.
33 (Source: P.A. 89-619, eff. 1-1-97.)
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1 (415 ILCS 5/22.48 new)
2 Sec. 22.48. Non-special waste certification.
3 (a) An industrial process waste or pollution control
4 waste not within the exception set forth in subdivision (2)
5 of subsection (c) of Section 3.45 of this Act must be managed
6 as special waste unless the generator first certifies in a
7 signed, dated, written statement that the waste is outside
8 the scope of the categories listed in subdivision (1) of
9 subsection (c) of Section 3.45 of this Act.
10 (b) All information used to determine that the waste is
11 not a special waste shall be attached to the certification.
12 The information shall include but not be limited to:
13 (1) the means by which the generator has determined
14 that the waste is not a hazardous waste;
15 (2) the means by which the generator has determined
16 that the waste is not a liquid;
17 (3) if the waste undergoes testing, the analytic
18 results obtained from testing, signed and dated by the
19 person responsible for completing the analysis;
20 (4) if the waste does not undergo testing, an
21 explanation as to why no testing is needed;
22 (5) a description of the process generating the
23 waste; and
24 (6) relevant Material Data Safety Sheets.
25 (c) Certification made pursuant to this Section shall be
26 effective from the date signed until there is a change in the
27 generator, in the raw materials used, or in the process
28 generating the waste, but in no case longer than 3 years from
29 the date signed.
30 (d) Certification made pursuant to this Section, with
31 the requisite attachments, shall be maintained on site. The
32 generator shall provide a copy of the certification, upon
33 request by the Agency, the waste hauler, or the operator of
34 the facility receiving the waste for storage, treatment, or
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1 disposal, to the party requesting the copy.
2 (e) A person who knowingly and falsely certifies that a
3 waste is not special waste is subject to the penalties set
4 forth in subdivision (6) of subsection (h) of Section 44 of
5 this Act.
6 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
7 Sec. 44. Crimes; penalties.
8 (a) Except as otherwise provided in this Section, it
9 shall be a Class A misdemeanor to violate this Act or
10 regulations thereunder, or any permit or term or condition
11 thereof, or knowingly to submit any false information under
12 this Act or regulations adopted thereunder, or under any
13 permit or term or condition thereof. A court may, in addition
14 to any other penalty herein imposed, order a person convicted
15 of open dumping of construction debris under this Act to
16 perform community service for not less than 50 hours and not
17 more than 300 hours if community service is available in the
18 jurisdiction. It shall be the duty of all State and local
19 law-enforcement officers to enforce such Act and regulations,
20 and all such officers shall have authority to issue citations
21 for such violations.
22 (b) Calculated Criminal Disposal of Hazardous Waste.
23 (1) A person commits the offense of Calculated
24 Criminal Disposal of Hazardous Waste when, without lawful
25 justification, he knowingly disposes of hazardous waste
26 while knowing that he thereby places another person in
27 danger of great bodily harm or creates an immediate or
28 long-term danger to the public health or the environment.
29 (2) Calculated Criminal Disposal of Hazardous Waste
30 is a Class 2 felony. In addition to any other penalties
31 prescribed by law, a person convicted of the offense of
32 Calculated Criminal Disposal of Hazardous Waste is
33 subject to a fine not to exceed $500,000 for each day of
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1 such offense.
2 (c) Criminal Disposal of Hazardous Waste.
3 (1) A person commits the offense of Criminal
4 Disposal of Hazardous Waste when, without lawful
5 justification, he knowingly disposes of hazardous waste.
6 (2) Criminal Disposal of Hazardous Waste is a Class
7 3 felony. In addition to any other penalties prescribed
8 by law, a person convicted of the offense of Criminal
9 Disposal of Hazardous Waste is subject to a fine not to
10 exceed $250,000 for each day of such offense.
11 (d) Unauthorized Use of Hazardous Waste.
12 (1) A person commits the offense of Unauthorized
13 Use of Hazardous Waste when he, being required to have a
14 permit or license under this Act or any other law
15 regulating the treatment, transportation, or storage of
16 hazardous waste, knowingly:
17 (A) treats, transports, or stores any
18 hazardous waste without such permit or license;
19 (B) treats, transports, or stores any
20 hazardous waste in violation of the terms and
21 conditions of such permit or license;
22 (C) transports any hazardous waste to a
23 facility which does not have a permit or license
24 required under this Act; or
25 (D) transports any hazardous waste without
26 having on his person such permit or license.
27 (2) A person who is convicted of a violation of
28 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
29 is guilty of a Class 4 felony. A person who is convicted
30 of a violation of subdivision (1)(D) is guilty of a Class
31 A misdemeanor. In addition to any other penalties
32 prescribed by law, a person convicted of violating
33 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
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1 not to exceed $100,000 for each day of such violation,
2 and a person who is convicted of violating subdivision
3 (1)(D) is subject to a fine not to exceed $1,000.
4 (e) Unlawful Delivery of Hazardous Waste.
5 (1) Except as authorized by this Act or the federal
6 Resource Conservation and Recovery Act, and the
7 regulations promulgated thereunder, it is unlawful for
8 any person to knowingly deliver hazardous waste.
9 (2) Unlawful Delivery of Hazardous Waste is a Class
10 3 felony. In addition to any other penalties prescribed
11 by law, a person convicted of the offense of Unlawful
12 Delivery of Hazardous Waste is subject to a fine not to
13 exceed $250,000 for each such violation.
14 (3) For purposes of this Section, "deliver" or
15 "delivery" means the actual, constructive, or attempted
16 transfer of possession of hazardous waste, with or
17 without consideration, whether or not there is an agency
18 relationship.
19 (f) Reckless Disposal of Hazardous Waste.
20 (1) A person commits Reckless Disposal of Hazardous
21 Waste if he disposes of hazardous waste, and his acts
22 which cause the hazardous waste to be disposed of,
23 whether or not those acts are undertaken pursuant to or
24 under color of any permit or license, are performed with
25 a conscious disregard of a substantial and unjustifiable
26 risk that such disposing of hazardous waste is a gross
27 deviation from the standard of care which a reasonable
28 person would exercise in the situation.
29 (2) Reckless Disposal of Hazardous Waste is a Class
30 4 felony. In addition to any other penalties prescribed
31 by law, a person convicted of the offense of Reckless
32 Disposal of Hazardous Waste is subject to a fine not to
33 exceed $50,000 for each day of such offense.
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1 (g) Concealment of Criminal Disposal of Hazardous Waste.
2 (1) A person commits the offense of Concealment of
3 Criminal Disposal of Hazardous Waste when he conceals,
4 without lawful justification, the disposal of hazardous
5 waste with the knowledge that such hazardous waste has
6 been disposed of in violation of this Act.
7 (2) Concealment of Criminal Disposal of a Hazardous
8 Waste is a Class 4 felony. In addition to any other
9 penalties prescribed by law, a person convicted of the
10 offense of Concealment of Criminal Disposal of Hazardous
11 Waste is subject to a fine not to exceed $50,000 for each
12 day of such offense.
13 (h) Violations; False Statements.
14 (1) Any person who knowingly makes a false material
15 statement in an application for a permit or license
16 required by this Act to treat, transport, store, or
17 dispose of hazardous waste commits the offense of perjury
18 and shall be subject to the penalties set forth in
19 Section 32-2 of the Criminal Code of 1961.
20 (2) Any person who knowingly makes a false material
21 statement or representation in any label, manifest,
22 record, report, permit or license, or other document
23 filed, maintained or used for the purpose of compliance
24 with this Act in connection with the generation,
25 disposal, treatment, storage, or transportation of
26 hazardous waste commits a Class 4 felony. A second or
27 any subsequent offense after conviction hereunder is a
28 Class 3 felony.
29 (3) Any person who knowingly destroys, alters or
30 conceals any record required to be made by this Act in
31 connection with the disposal, treatment, storage, or
32 transportation of hazardous waste, commits a Class 4
33 felony. A second or any subsequent offense after a
34 conviction hereunder is a Class 3 felony.
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1 (4) Any person who knowingly makes a false material
2 statement or representation in any application, bill,
3 invoice, or other document filed, maintained, or used for
4 the purpose of receiving money from the Underground
5 Storage Tank Fund commits a Class 4 felony. A second or
6 any subsequent offense after conviction hereunder is a
7 Class 3 felony.
8 (5) Any person who knowingly destroys, alters, or
9 conceals any record required to be made or maintained by
10 this Act or required to be made or maintained by Board or
11 Agency rules for the purpose of receiving money from the
12 Underground Storage Tank Fund commits a Class 4 felony. A
13 second or any subsequent offense after a conviction
14 hereunder is a Class 3 felony.
15 (6) A person who knowingly and falsely certifies
16 under Section 22.48 that an industrial process waste or
17 pollution control waste is not special waste commits a
18 Class 4 felony for a first offense and commits a Class 3
19 felony for a second or subsequent offense.
20 (7) In addition to any other penalties prescribed
21 by law, a person convicted of violating this subsection
22 (h) is subject to a fine not to exceed $50,000 for each
23 day of such violation.
24 (i) Verification.
25 (1) Each application for a permit or license to
26 dispose of, transport, treat, store or generate hazardous
27 waste under this Act shall contain an affirmation that
28 the facts are true and are made under penalty of perjury
29 as defined in Section 32-2 of the Criminal Code of 1961.
30 It is perjury for a person to sign any such application
31 for a permit or license which contains a false material
32 statement, which he does not believe to be true.
33 (2) Each request for money from the Underground
34 Storage Tank Fund shall contain an affirmation that the
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1 facts are true and are made under penalty of perjury as
2 defined in Section 32-2 of the Criminal Code of 1961. It
3 is perjury for a person to sign any request that contains
4 a false material statement that he does not believe to be
5 true.
6 (j) Violations of Other Provisions.
7 (1) It is unlawful for a person knowingly to
8 violate:
9 (A) subsection (f) of Section 12 of this Act;
10 (B) subsection (g) of Section 12 of this Act;
11 (C) any term or condition of any Underground
12 Injection Control (UIC) permit;
13 (D) any filing requirement, regulation, or
14 order relating to the State Underground Injection
15 Control (UIC) program;
16 (E) any provision of any regulation, standard,
17 or filing requirement under subsection (b) of
18 Section 13 of this Act;
19 (F) any provision of any regulation, standard,
20 or filing requirement under subsection (b) of
21 Section 39 of this Act;
22 (G) any National Pollutant Discharge
23 Elimination System (NPDES) permit issued under this
24 Act or any term or condition of such permit;
25 (H) subsection (h) of Section 12 of this Act;
26 (I) subsection 6 of Section 39.5 of this Act;
27 or
28 (J) any provision of any regulation, standard
29 or filing requirement under Section 39.5 of this
30 Act.
31 (2) A person convicted of a violation of
32 subdivision (1) of this subsection commits a Class 4
33 felony, and in addition to any other penalty prescribed
34 by law is subject to a fine not to exceed $25,000 for
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1 each day of such violation.
2 (3) A person who negligently violates the following
3 shall be subject to a fine not to exceed $10,000 for each
4 day of such violation:
5 (A) subsection (f) of Section 12 of this Act;
6 (B) subsection (g) of Section 12 of this Act;
7 (C) any provision of any regulation, standard,
8 or filing requirement under subsection (b) of
9 Section 13 of this Act;
10 (D) any provision of any regulation, standard,
11 or filing requirement under subsection (b) of
12 Section 39 of this Act;
13 (E) any National Pollutant Discharge
14 Elimination System (NPDES) permit issued under this
15 Act;
16 (F) subsection 6 of Section 39.5 of this Act;
17 or
18 (G) any provision of any regulation, standard,
19 or filing requirement under Section 39.5 of this
20 Act.
21 (4) It is unlawful for a person knowingly to:
22 (A) make any false statement, representation,
23 or certification in an application form, or form
24 pertaining to, a National Pollutant Discharge
25 Elimination System (NPDES) permit;
26 (B) render inaccurate any monitoring device or
27 record required by the Agency or Board in connection
28 with any such permit or with any discharge which is
29 subject to the provisions of subsection (f) of
30 Section 12 of this Act;
31 (C) make any false statement, representation,
32 or certification in any form, notice or report
33 pertaining to a CAAPP permit under Section 39.5 of
34 this Act;
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1 (D) render inaccurate any monitoring device or
2 record required by the Agency or Board in connection
3 with any CAAPP permit or with any emission which is
4 subject to the provisions of Section 39.5 of this
5 Act; or
6 (E) violate subsection 6 of Section 39.5 of
7 this Act or any CAAPP permit, or term or condition
8 thereof, or any fee or filing requirement.
9 (5) A person convicted of a violation of
10 subdivision (4) of this subsection commits a Class A
11 misdemeanor, and in addition to any other penalties
12 provided by law is subject to a fine not to exceed
13 $10,000 for each day of violation.
14 (k) Criminal operation of a hazardous waste or PCB
15 incinerator.
16 (1) A person commits the offense of criminal
17 operation of a hazardous waste or PCB incinerator when,
18 in the course of operating a hazardous waste or PCB
19 incinerator, he knowingly and without justification
20 operates the incinerator (i) without an Agency permit, or
21 in knowing violation of the terms of an Agency permit,
22 and (ii) as a result of such violation, knowingly places
23 any person in danger of great bodily harm or knowingly
24 creates an immediate or long term material danger to the
25 public health or the environment.
26 (2) Any person who commits the offense of criminal
27 operation of a hazardous waste or PCB incinerator for the
28 first time commits a Class 4 felony and, in addition to
29 any other penalties prescribed by law, shall be subject
30 to a fine not to exceed $100,000 for each day of the
31 offense.
32 Any person who commits the offense of criminal
33 operation of a hazardous waste or PCB incinerator for a
34 second or subsequent time commits a Class 3 felony and,
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1 in addition to any other penalties prescribed by law,
2 shall be subject to a fine not to exceed $250,000 for
3 each day of the offense.
4 (3) For the purpose of this subsection (k), the
5 term "hazardous waste or PCB incinerator" means a
6 pollution control facility at which either hazardous
7 waste or PCBs, or both, are incinerated. "PCBs" means any
8 substance or mixture of substances that contains one or
9 more polychlorinated biphenyls in detectable amounts.
10 (l) It shall be the duty of all State and local law
11 enforcement officers to enforce this Act and the regulations
12 adopted hereunder, and all such officers shall have authority
13 to issue citations for such violations.
14 (m) Any action brought under this Section shall be
15 brought by the State's Attorney of the county in which the
16 violation occurred, or by the Attorney General, and shall be
17 conducted in accordance with the applicable provisions of the
18 Code of Criminal Procedure of 1963.
19 (n) For an offense described in this Section, the period
20 for commencing prosecution prescribed by the statute of
21 limitations shall not begin to run until the offense is
22 discovered by or reported to a State or local agency having
23 the authority to investigate violations of this Act.
24 (o) In addition to any other penalties provided under
25 this Act, if a person is convicted of (or agrees to a
26 settlement in an enforcement action over) illegal dumping of
27 waste on the person's own property, the Attorney General, the
28 Agency or local prosecuting authority shall file notice of
29 the conviction, finding or agreement in the office of the
30 Recorder in the county in which the landowner lives.
31 (Source: P.A. 88-45; 88-668, eff. 9-16-94; 88-681, eff.
32 12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.