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90_SB0968
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
415 ILCS 5/33 from Ch. 111 1/2, par. 1033
415 ILCS 5/44 from Ch. 111 1/2, par. 1044
Amends the Environmental Protection Act. Provides that
no person shall conduct an operation for the receipt,
transfer, recycling, or other management of construction
debris without maintenance of load tickets and other
manifests reflecting receipt of the debris from the hauler
and generator of the debris. Provides that no person shall
conduct any generation, transportation, or transfer of any
construction or demolition debris without the maintenance of
load tickets and manifests reflecting the transfer, disposal,
or other disposition of the debris. Provides that between 100
and 300 hours of community service may be imposed, if
available in the jurisdiction, upon a person who violates any
provision of the Act.
LRB9002396LDdv
LRB9002396LDdv
1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 21, 33, and 44.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Sections 21, 33, and 44 as follows:
7 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
8 Sec. 21. No person shall:
9 (a) Cause or allow the open dumping of any waste.
10 (b) Abandon, dump, or deposit any waste upon the public
11 highways or other public property, except in a sanitary
12 landfill approved by the Agency pursuant to regulations
13 adopted by the Board.
14 (c) Abandon any vehicle in violation of the "Abandoned
15 Vehicles Amendment to the Illinois Vehicle Code", as enacted
16 by the 76th General Assembly.
17 (d) Conduct any waste-storage, waste-treatment, or
18 waste-disposal operation:
19 (1) without a permit granted by the Agency or in
20 violation of any conditions imposed by such permit,
21 including periodic reports and full access to adequate
22 records and the inspection of facilities, as may be
23 necessary to assure compliance with this Act and with
24 regulations and standards adopted thereunder; provided,
25 however, that, except for municipal solid waste landfill
26 units that receive waste on or after October 9, 1993, no
27 permit shall be required for (i) any person conducting a
28 waste-storage, waste-treatment, or waste-disposal
29 operation for wastes generated by such person's own
30 activities which are stored, treated, or disposed within
31 the site where such wastes are generated, or (ii) for a
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1 corporation organized under the General Not For Profit
2 Corporation Act of 1986, as now or hereafter amended, or
3 a predecessor Act, constructing a land form in
4 conformance with local zoning provisions, within a
5 municipality having a population of more than 1,000,000
6 inhabitants, with clean construction or demolition debris
7 generated within the municipality, provided that the
8 corporation has contracts for economic development
9 planning with the municipality; or
10 (2) in violation of any regulations or standards
11 adopted by the Board under this Act; or
12 (3) which receives waste after August 31, 1988,
13 does not have a permit issued by the Agency, and is (i) a
14 landfill used exclusively for the disposal of waste
15 generated at the site, (ii) a surface impoundment
16 receiving special waste not listed in an NPDES permit,
17 (iii) a waste pile in which the total volume of waste is
18 greater than 100 cubic yards or the waste is stored for
19 over one year, or (iv) a land treatment facility
20 receiving special waste generated at the site; without
21 giving notice of the operation to the Agency by January
22 1, 1989, or 30 days after the date on which the operation
23 commences, whichever is later, and every 3 years
24 thereafter. The form for such notification shall be
25 specified by the Agency, and shall be limited to
26 information regarding: the name and address of the
27 location of the operation; the type of operation; the
28 types and amounts of waste stored, treated or disposed of
29 on an annual basis; the remaining capacity of the
30 operation; and the remaining expected life of the
31 operation.
32 Paragraph (3) of this subsection (d) shall not apply to
33 any person engaged in agricultural activity who is disposing
34 of a substance that constitutes solid waste, if the substance
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1 was acquired for use by that person on his own property, and
2 the substance is disposed of on his own property in
3 accordance with regulations or standards adopted by the
4 Board.
5 This subsection (d) shall not apply to hazardous waste.
6 (e) Dispose, treat, store or abandon any waste, or
7 transport any waste into this State for disposal, treatment,
8 storage or abandonment, except at a site or facility which
9 meets the requirements of this Act and of regulations and
10 standards thereunder.
11 (f) Conduct any hazardous waste-storage, hazardous
12 waste-treatment or hazardous waste-disposal operation:
13 (1) without a RCRA permit for the site issued by
14 the Agency under subsection (d) of Section 39 of this
15 Act, or in violation of any condition imposed by such
16 permit, including periodic reports and full access to
17 adequate records and the inspection of facilities, as may
18 be necessary to assure compliance with this Act and with
19 regulations and standards adopted thereunder; or
20 (2) in violation of any regulations or standards
21 adopted by the Board under this Act; or
22 (3) in violation of any RCRA permit filing
23 requirement established under standards adopted by the
24 Board under this Act; or
25 (4) in violation of any order adopted by the Board
26 under this Act.
27 Notwithstanding the above, no RCRA permit shall be
28 required under this subsection or subsection (d) of Section
29 39 of this Act for any person engaged in agricultural
30 activity who is disposing of a substance which has been
31 identified as a hazardous waste, and which has been
32 designated by Board regulations as being subject to this
33 exception, if the substance was acquired for use by that
34 person on his own property and the substance is disposed of
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1 on his own property in accordance with regulations or
2 standards adopted by the Board.
3 (g) Conduct any hazardous waste-transportation
4 operation:
5 (1) without a permit issued by the Agency or in
6 violation of any conditions imposed by such permit,
7 including periodic reports and full access to adequate
8 records and the inspection of facilities, as may be
9 necessary to assure compliance with this Act and with
10 regulations or standards adopted thereunder; or
11 (2) in violation of any regulations or standards
12 adopted by the Board under this Act.
13 (h) Conduct any hazardous waste-recycling or hazardous
14 waste-reclamation or hazardous waste-reuse operation in
15 violation of any regulations, standards or permit
16 requirements adopted by the Board under this Act.
17 (i) Conduct any process or engage in any act which
18 produces hazardous waste in violation of any regulations or
19 standards adopted by the Board under subsections (a) and (c)
20 of Section 22.4 of this Act.
21 (j) Conduct any special waste transportation operation
22 in violation of any regulations, standards or permit
23 requirements adopted by the Board under this Act. However,
24 sludge from a water or sewage treatment plant owned and
25 operated by a unit of local government which (1) is subject
26 to a sludge management plan approved by the Agency or a
27 permit granted by the Agency, and (2) has been tested and
28 determined not to be a hazardous waste as required by
29 applicable State and federal laws and regulations, may be
30 transported in this State without a special waste hauling
31 permit, and the preparation and carrying of a manifest shall
32 not be required for such sludge under the rules of the
33 Pollution Control Board. The unit of local government which
34 operates the treatment plant producing such sludge shall file
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1 a semiannual report with the Agency identifying the volume of
2 such sludge transported during the reporting period, the
3 hauler of the sludge, and the disposal sites to which it was
4 transported. This subsection (j) shall not apply to hazardous
5 waste.
6 (k) Fail or refuse to pay any fee imposed under this
7 Act.
8 (l) Locate a hazardous waste disposal site above an
9 active or inactive shaft or tunneled mine or within 2 miles
10 of an active fault in the earth's crust. In counties of
11 population less than 225,000 no hazardous waste disposal site
12 shall be located (1) within 1 1/2 miles of the corporate
13 limits as defined on June 30, 1978, of any municipality
14 without the approval of the governing body of the
15 municipality in an official action; or (2) within 1000 feet
16 of an existing private well or the existing source of a
17 public water supply measured from the boundary of the actual
18 active permitted site and excluding existing private wells on
19 the property of the permit applicant. The provisions of this
20 subsection do not apply to publicly-owned sewage works or the
21 disposal or utilization of sludge from publicly-owned sewage
22 works.
23 (m) Transfer interest in any land which has been used as
24 a hazardous waste disposal site without written notification
25 to the Agency of the transfer and to the transferee of the
26 conditions imposed by the Agency upon its use under
27 subsection (g) of Section 39.
28 (n) Use any land which has been used as a hazardous
29 waste disposal site except in compliance with conditions
30 imposed by the Agency under subsection (g) of Section 39.
31 (o) Conduct a sanitary landfill operation which is
32 required to have a permit under subsection (d) of this
33 Section, in a manner which results in any of the following
34 conditions:
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1 (1) refuse in standing or flowing waters;
2 (2) leachate flows entering waters of the State;
3 (3) leachate flows exiting the landfill confines
4 (as determined by the boundaries established for the
5 landfill by a permit issued by the Agency);
6 (4) open burning of refuse in violation of Section
7 9 of this Act;
8 (5) uncovered refuse remaining from any previous
9 operating day or at the conclusion of any operating day,
10 unless authorized by permit;
11 (6) failure to provide final cover within time
12 limits established by Board regulations;
13 (7) acceptance of wastes without necessary permits;
14 (8) scavenging as defined by Board regulations;
15 (9) deposition of refuse in any unpermitted portion
16 of the landfill;
17 (10) acceptance of a special waste without a
18 required manifest;
19 (11) failure to submit reports required by permits
20 or Board regulations;
21 (12) failure to collect and contain litter from the
22 site by the end of each operating day;
23 (13) failure to submit any cost estimate for the
24 site or any performance bond or other security for the
25 site as required by this Act or Board rules.
26 The prohibitions specified in this subsection (o) shall
27 be enforceable by the Agency either by administrative
28 citation under Section 31.1 of this Act or as otherwise
29 provided by this Act. The specific prohibitions in this
30 subsection do not limit the power of the Board to establish
31 regulations or standards applicable to sanitary landfills.
32 (p) In violation of subdivision (a) of this Section,
33 cause or allow the open dumping of any waste in a manner
34 which results in any of the following occurrences at the dump
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1 site:
2 (1) litter;
3 (2) scavenging;
4 (3) open burning;
5 (4) deposition of waste in standing or flowing
6 waters;
7 (5) proliferation of disease vectors;
8 (6) standing or flowing liquid discharge from the
9 dump site.
10 The prohibitions specified in this subsection (p) shall
11 be enforceable by the Agency either by administrative
12 citation under Section 31.1 of this Act or as otherwise
13 provided by this Act. The specific prohibitions in this
14 subsection do not limit the power of the Board to establish
15 regulations or standards applicable to open dumping.
16 (q) Conduct a landscape waste composting operation
17 without an Agency permit, provided, however, that no permit
18 shall be required for any person:
19 (1) conducting a landscape waste composting
20 operation for landscape wastes generated by such person's
21 own activities which are stored, treated or disposed of
22 within the site where such wastes are generated; or
23 (2) applying landscape waste or composted landscape
24 waste at agronomic rates; or
25 (3) operating a landscape waste composting facility
26 on a farm, if the facility meets all of the following
27 criteria:
28 (A) the composting facility is operated by the
29 farmer on property on which the composting material
30 is utilized, and the composting facility constitutes
31 no more than 2% of the property's total acreage,
32 except that the Agency may allow a higher percentage
33 for individual sites where the owner or operator has
34 demonstrated to the Agency that the site's soil
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1 characteristics or crop needs require a higher rate;
2 (B) the property on which the composting
3 facility is located, and any associated property on
4 which the compost is used, is principally and
5 diligently devoted to the production of agricultural
6 crops and is not owned, leased or otherwise
7 controlled by any waste hauler or generator of
8 nonagricultural compost materials, and the operator
9 of the composting facility is not an employee,
10 partner, shareholder, or in any way connected with
11 or controlled by any such waste hauler or generator;
12 (C) all compost generated by the composting
13 facility is applied at agronomic rates and used as
14 mulch, fertilizer or soil conditioner on land
15 actually farmed by the person operating the
16 composting facility, and the finished compost is not
17 stored at the composting site for a period longer
18 than 18 months prior to its application as mulch,
19 fertilizer, or soil conditioner;
20 (D) the owner or operator, by January 1, 1990
21 (or the January 1 following commencement of
22 operation, whichever is later) and January 1 of each
23 year thereafter, (i) registers the site with the
24 Agency, (ii) reports to the Agency on the volume of
25 composting material received and used at the site,
26 (iii) certifies to the Agency that the site complies
27 with the requirements set forth in subparagraphs
28 (A), (B) and (C) of this paragraph (q)(3), and (iv)
29 certifies to the Agency that all composting material
30 was placed more than 200 feet from the nearest
31 potable water supply well, was placed outside the
32 boundary of the 10-year floodplain or on a part of
33 the site that is floodproofed, was placed at least
34 1/4 mile from the nearest residence (other than a
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1 residence located on the same property as the
2 facility) and there are not more than 10 occupied
3 non-farm residences within 1/2 mile of the
4 boundaries of the site on the date of application,
5 and was placed more than 5 feet above the water
6 table.
7 For the purposes of this subsection (q), "agronomic
8 rates" means the application of not more than 20 tons per
9 acre per year, except that the Agency may allow a higher rate
10 for individual sites where the owner or operator has
11 demonstrated to the Agency that the site's soil
12 characteristics or crop needs require a higher rate.
13 (r) Cause or allow the storage or disposal of coal
14 combustion waste unless:
15 (1) such waste is stored or disposed of at a site
16 or facility for which a permit has been obtained or is
17 not otherwise required under subsection (d) of this
18 Section; or
19 (2) such waste is stored or disposed of as a part
20 of the design and reclamation of a site or facility which
21 is an abandoned mine site in accordance with the
22 Abandoned Mined Lands and Water Reclamation Act; or
23 (3) such waste is stored or disposed of at a site
24 or facility which is operating under NPDES and Subtitle D
25 permits issued by the Agency pursuant to regulations
26 adopted by the Board for mine-related water pollution and
27 permits issued pursuant to the Federal Surface Mining
28 Control and Reclamation Act of 1977 (P.L. 95-87) or the
29 rules and regulations thereunder or any law or rule or
30 regulation adopted by the State of Illinois pursuant
31 thereto, and the owner or operator of the facility agrees
32 to accept the waste; and either
33 (i) such waste is stored or disposed of in
34 accordance with requirements applicable to refuse
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1 disposal under regulations adopted by the Board for
2 mine-related water pollution and pursuant to NPDES
3 and Subtitle D permits issued by the Agency under
4 such regulations; or
5 (ii) the owner or operator of the facility
6 demonstrates all of the following to the Agency, and
7 the facility is operated in accordance with the
8 demonstration as approved by the Agency: (1) the
9 disposal area will be covered in a manner that will
10 support continuous vegetation, (2) the facility will
11 be adequately protected from wind and water erosion,
12 (3) the pH will be maintained so as to prevent
13 excessive leaching of metal ions, and (4) adequate
14 containment or other measures will be provided to
15 protect surface water and groundwater from
16 contamination at levels prohibited by this Act, the
17 Illinois Groundwater Protection Act, or regulations
18 adopted pursuant thereto.
19 Notwithstanding any other provision of this Title, the
20 disposal of coal combustion waste pursuant to item (2) or (3)
21 of this subdivision (r) shall be exempt from the other
22 provisions of this Title V, and notwithstanding the
23 provisions of Title X of this Act, the Agency is authorized
24 to grant experimental permits which include provision for the
25 disposal of wastes from the combustion of coal and other
26 materials pursuant to items (2) and (3) of this subdivision
27 (r).
28 (s) After April 1, 1989, offer for transportation,
29 transport, deliver, receive or accept special waste for which
30 a manifest is required, unless the manifest indicates that
31 the fee required under Section 22.8 of this Act has been
32 paid.
33 (t) Cause or allow a lateral expansion of a municipal
34 solid waste landfill unit on or after October 9, 1993,
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1 without a permit modification, granted by the Agency, that
2 authorizes the lateral expansion.
3 (u) Conduct any vegetable by-product treatment, storage,
4 disposal or transportation operation in violation of any
5 regulation, standards or permit requirements adopted by the
6 Board under this Act. However, no permit shall be required
7 under this Title V for the land application of vegetable
8 by-products conducted pursuant to Agency permit issued under
9 Title III of this Act to the generator of the vegetable
10 by-products. In addition, vegetable by-products may be
11 transported in this State without a special waste hauling
12 permit, and without the preparation and carrying of a
13 manifest.
14 (v) Conduct any operation for the receipt, transfer,
15 recycling, or other management of construction or demolition
16 debris, clean or otherwise, without maintenance of load
17 tickets and other manifests reflecting receipt of the debris
18 from the hauler and generator of the debris. The load ticket
19 and manifest shall identify the hauler, generator, place of
20 origin of the debris, the weight and volume of the debris,
21 the time and date of the receipt of the debris, and the
22 disposition of the debris by the operator of the receiving
23 facility.
24 (w) Conduct any generation, transportation, transfer, or
25 disposal of construction or demolition debris, clean or
26 otherwise, without the maintenance of load tickets and
27 manifests reflecting the transfer, disposal, or other
28 disposition of the debris. The load ticket and manifest
29 shall identify the hauler, generator, place of origin of the
30 debris, the weight and volume of the debris, the time and
31 date of the disposition of the debris, and the location,
32 owner, and operator of the facility to which the debris was
33 transferred or disposed.
34 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
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1 eff. 7-6-95; 89-535, eff. 7-19-96.)
2 (415 ILCS 5/33) (from Ch. 111 1/2, par. 1033)
3 Sec. 33. (a) After due consideration of the written and
4 oral statements, the testimony and arguments that shall be
5 submitted at the hearing, or upon default in appearance of
6 the respondent on return day specified in the notice, the
7 Board shall issue and enter such final order, or make such
8 final determination, as it shall deem appropriate under the
9 circumstances. It shall not be a defense to findings of
10 violations of the provisions of the Act or Board regulations
11 or a bar to the assessment of civil penalties that the person
12 has come into compliance subsequent to the violation, except
13 where such action is barred by any applicable State or
14 federal statute of limitation. In all such matters the Board
15 shall file and publish a written opinion stating the facts
16 and reasons leading to its decision. The Board shall
17 immediately notify the respondent of such order in writing by
18 registered mail.
19 (b) Such order may include one or more of the following:
20 a direction to cease and desist from violations of the Act or
21 of the Board's rules and regulations or of any permit or term
22 or condition thereof, and/or the imposition by the Board of
23 civil penalties in accord with Section 42 of this Act, and an
24 order to perform community service for not less than 100
25 hours and not more than 300 hours if community service is
26 available in the jurisdiction. The Board may also revoke the
27 permit as a penalty for violation. If such order includes a
28 reasonable delay during which to correct a violation, the
29 Board may require the posting of sufficient performance bond
30 or other security to assure the correction of such violation
31 within the time prescribed.
32 (c) In making its orders and determinations, the Board
33 shall take into consideration all the facts and circumstances
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1 bearing upon the reasonableness of the emissions, discharges
2 or deposits involved including, but not limited to:
3 (i) the character and degree of injury to, or
4 interference with the protection of the health, general
5 welfare and physical property of the people;
6 (ii) the social and economic value of the pollution
7 source;
8 (iii) the suitability or unsuitability of the
9 pollution source to the area in which it is located,
10 including the question of priority of location in the
11 area involved;
12 (iv) the technical practicability and economic
13 reasonableness of reducing or eliminating the emissions,
14 discharges or deposits resulting from such pollution
15 source; and
16 (v) any subsequent compliance.
17 Whenever a proceeding before the Board may affect the
18 right of the public individually or collectively to the use
19 of community sewer or water facilities provided by a
20 municipally owned or publicly regulated company, the Board
21 shall at least 30 days prior to the scheduled date of the
22 first hearing in such proceeding, give notice of the date,
23 time, place, and purpose of such hearing by public
24 advertisement in a newspaper of general circulation in the
25 area of the State concerned. The Board shall conduct a full
26 and complete hearing into the social and economic impact
27 which would result from restriction or denial of the right to
28 use such facilities and allow all persons claiming an
29 interest to intervene as parties and present evidence of such
30 social and economic impact.
31 (d) All orders issued and entered by the Board pursuant
32 to this Section shall be enforceable by injunction, mandamus,
33 or other appropriate remedy, in accordance with Section 42 of
34 this Act.
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1 (Source: P.A. 85-1041; 86-1363.)
2 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
3 Sec. 44. (a) Except as otherwise provided in this
4 Section, it shall be a Class A misdemeanor to violate this
5 Act or regulations thereunder, or any permit or term or
6 condition thereof, or knowingly to submit any false
7 information under this Act or regulations adopted thereunder,
8 or under any permit or term or condition thereof. A court
9 may, in addition to any other penalty herein imposed, order a
10 person convicted of any violation of open dumping of
11 construction debris under this Act to perform community
12 service for not less than 100 50 hours and not more than 300
13 hours if community service is available in the jurisdiction.
14 It shall be the duty of all State and local law-enforcement
15 officers to enforce such Act and regulations, and all such
16 officers shall have authority to issue citations for such
17 violations.
18 (b) Calculated Criminal Disposal of Hazardous Waste.
19 (1) A person commits the offense of Calculated
20 Criminal Disposal of Hazardous Waste when, without lawful
21 justification, he knowingly disposes of hazardous waste
22 while knowing that he thereby places another person in
23 danger of great bodily harm or creates an immediate or
24 long-term danger to the public health or the environment.
25 (2) Calculated Criminal Disposal of Hazardous Waste
26 is a Class 2 felony. In addition to any other penalties
27 prescribed by law, a person convicted of the offense of
28 Calculated Criminal Disposal of Hazardous Waste is
29 subject to a fine not to exceed $500,000 for each day of
30 such offense.
31 (c) Criminal Disposal of Hazardous Waste.
32 (1) A person commits the offense of Criminal
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1 Disposal of Hazardous Waste when, without lawful
2 justification, he knowingly disposes of hazardous waste.
3 (2) Criminal Disposal of Hazardous Waste is a Class
4 3 felony. In addition to any other penalties prescribed
5 by law, a person convicted of the offense of Criminal
6 Disposal of Hazardous Waste is subject to a fine not to
7 exceed $250,000 for each day of such offense.
8 (d) Unauthorized Use of Hazardous Waste.
9 (1) A person commits the offense of Unauthorized
10 Use of Hazardous Waste when he, being required to have a
11 permit or license under this Act or any other law
12 regulating the treatment, transportation, or storage of
13 hazardous waste, knowingly:
14 (A) treats, transports, or stores any
15 hazardous waste without such permit or license;
16 (B) treats, transports, or stores any
17 hazardous waste in violation of the terms and
18 conditions of such permit or license;
19 (C) transports any hazardous waste to a
20 facility which does not have a permit or license
21 required under this Act; or
22 (D) transports any hazardous waste without
23 having on his person such permit or license.
24 (2) A person who is convicted of a violation of
25 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
26 is guilty of a Class 4 felony. A person who is convicted
27 of a violation of subdivision (1)(D) is guilty of a Class
28 A misdemeanor. In addition to any other penalties
29 prescribed by law, a person convicted of violating
30 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
31 not to exceed $100,000 for each day of such violation,
32 and a person who is convicted of violating subdivision
33 (1)(D) is subject to a fine not to exceed $1,000.
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1 (e) Unlawful Delivery of Hazardous Waste.
2 (1) Except as authorized by this Act or the federal
3 Resource Conservation and Recovery Act, and the
4 regulations promulgated thereunder, it is unlawful for
5 any person to knowingly deliver hazardous waste.
6 (2) Unlawful Delivery 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 Unlawful
9 Delivery of Hazardous Waste is subject to a fine not to
10 exceed $250,000 for each such violation.
11 (3) For purposes of this Section, "deliver" or
12 "delivery" means the actual, constructive, or attempted
13 transfer of possession of hazardous waste, with or
14 without consideration, whether or not there is an agency
15 relationship.
16 (f) Reckless Disposal of Hazardous Waste.
17 (1) A person commits Reckless Disposal of Hazardous
18 Waste if he disposes of hazardous waste, and his acts
19 which cause the hazardous waste to be disposed of,
20 whether or not those acts are undertaken pursuant to or
21 under color of any permit or license, are performed with
22 a conscious disregard of a substantial and unjustifiable
23 risk that such disposing of hazardous waste is a gross
24 deviation from the standard of care which a reasonable
25 person would exercise in the situation.
26 (2) Reckless Disposal of Hazardous Waste is a Class
27 4 felony. In addition to any other penalties prescribed
28 by law, a person convicted of the offense of Reckless
29 Disposal of Hazardous Waste is subject to a fine not to
30 exceed $50,000 for each day of such offense.
31 (g) Concealment of Criminal Disposal of Hazardous Waste.
32 (1) A person commits the offense of Concealment of
33 Criminal Disposal of Hazardous Waste when he conceals,
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1 without lawful justification, the disposal of hazardous
2 waste with the knowledge that such hazardous waste has
3 been disposed of in violation of this Act.
4 (2) Concealment of Criminal Disposal of a Hazardous
5 Waste is a Class 4 felony. In addition to any other
6 penalties prescribed by law, a person convicted of the
7 offense of Concealment of Criminal Disposal of Hazardous
8 Waste is subject to a fine not to exceed $50,000 for each
9 day of such offense.
10 (h) Violations; False Statements.
11 (1) Any person who knowingly makes a false material
12 statement in an application for a permit or license
13 required by this Act to treat, transport, store, or
14 dispose of hazardous waste commits the offense of perjury
15 and shall be subject to the penalties set forth in
16 Section 32-2 of the Criminal Code of 1961.
17 (2) Any person who knowingly makes a false material
18 statement or representation in any label, manifest,
19 record, report, permit or license, or other document
20 filed, maintained or used for the purpose of compliance
21 with this Act in connection with the generation,
22 disposal, treatment, storage, or transportation of
23 hazardous waste commits a Class 4 felony. A second or
24 any subsequent offense after conviction hereunder is a
25 Class 3 felony.
26 (3) Any person who knowingly destroys, alters or
27 conceals any record required to be made by this Act in
28 connection with the disposal, treatment, storage, or
29 transportation of hazardous waste, commits a Class 4
30 felony. A second or any subsequent offense after a
31 conviction hereunder is a Class 3 felony.
32 (4) Any person who knowingly makes a false material
33 statement or representation in any application, bill,
34 invoice, or other document filed, maintained, or used for
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1 the purpose of receiving money from the Underground
2 Storage Tank Fund commits a Class 4 felony. A second or
3 any subsequent offense after conviction hereunder is a
4 Class 3 felony.
5 (5) Any person who knowingly destroys, alters, or
6 conceals any record required to be made or maintained by
7 this Act or required to be made or maintained by Board or
8 Agency rules for the purpose of receiving money from the
9 Underground Storage Tank Fund commits a Class 4 felony. A
10 second or any subsequent offense after a conviction
11 hereunder is a Class 3 felony.
12 (6) In addition to any other penalties prescribed
13 by law, a person convicted of violating this subsection
14 (h) is subject to a fine not to exceed $50,000 for each
15 day of such violation.
16 (i) Verification.
17 (1) Each application for a permit or license to
18 dispose of, transport, treat, store or generate hazardous
19 waste under this Act shall contain an affirmation that
20 the facts are true and are made under penalty of perjury
21 as defined in Section 32-2 of the Criminal Code of 1961.
22 It is perjury for a person to sign any such application
23 for a permit or license which contains a false material
24 statement, which he does not believe to be true.
25 (2) Each request for money from the Underground
26 Storage Tank Fund shall contain an affirmation that the
27 facts are true and are made under penalty of perjury as
28 defined in Section 32-2 of the Criminal Code of 1961. It
29 is perjury for a person to sign any request that contains
30 a false material statement that he does not believe to be
31 true.
32 (j) Violations of Other Provisions.
33 (1) It is unlawful for a person knowingly to
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1 violate:
2 (A) subsection (f) of Section 12 of this Act;
3 (B) subsection (g) of Section 12 of this Act;
4 (C) any term or condition of any Underground
5 Injection Control (UIC) permit;
6 (D) any filing requirement, regulation, or
7 order relating to the State Underground Injection
8 Control (UIC) program;
9 (E) any provision of any regulation, standard,
10 or filing requirement under subsection (b) of
11 Section 13 of this Act;
12 (F) any provision of any regulation, standard,
13 or filing requirement under subsection (b) of
14 Section 39 of this Act;
15 (G) any National Pollutant Discharge
16 Elimination System (NPDES) permit issued under this
17 Act or any term or condition of such permit;
18 (H) subsection (h) of Section 12 of this Act;
19 (I) subsection 6 of Section 39.5 of this Act;
20 or
21 (J) any provision of any regulation, standard
22 or filing requirement under Section 39.5 of this
23 Act.
24 (2) A person convicted of a violation of
25 subdivision (1) of this subsection commits a Class 4
26 felony, and in addition to any other penalty prescribed
27 by law is subject to a fine not to exceed $25,000 for
28 each day of such violation.
29 (3) A person who negligently violates the following
30 shall be subject to a fine not to exceed $10,000 for each
31 day of such violation:
32 (A) subsection (f) of Section 12 of this Act;
33 (B) subsection (g) of Section 12 of this Act;
34 (C) any provision of any regulation, standard,
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1 or filing requirement under subsection (b) of
2 Section 13 of this Act;
3 (D) any provision of any regulation, standard,
4 or filing requirement under subsection (b) of
5 Section 39 of this Act;
6 (E) any National Pollutant Discharge
7 Elimination System (NPDES) permit issued under this
8 Act;
9 (F) subsection 6 of Section 39.5 of this Act;
10 or
11 (G) any provision of any regulation, standard,
12 or filing requirement under Section 39.5 of this
13 Act.
14 (4) It is unlawful for a person knowingly to:
15 (A) make any false statement, representation,
16 or certification in an application form, or form
17 pertaining to, a National Pollutant Discharge
18 Elimination System (NPDES) permit;
19 (B) render inaccurate any monitoring device or
20 record required by the Agency or Board in connection
21 with any such permit or with any discharge which is
22 subject to the provisions of subsection (f) of
23 Section 12 of this Act;
24 (C) make any false statement, representation,
25 or certification in any form, notice or report
26 pertaining to a CAAPP permit under Section 39.5 of
27 this Act;
28 (D) render inaccurate any monitoring device or
29 record required by the Agency or Board in connection
30 with any CAAPP permit or with any emission which is
31 subject to the provisions of Section 39.5 of this
32 Act; or
33 (E) violate subsection 6 of Section 39.5 of
34 this Act or any CAAPP permit, or term or condition
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1 thereof, or any fee or filing requirement.
2 (5) A person convicted of a violation of
3 subdivision (4) of this subsection commits a Class A
4 misdemeanor, and in addition to any other penalties
5 provided by law is subject to a fine not to exceed
6 $10,000 for each day of violation.
7 (k) Criminal operation of a hazardous waste or PCB
8 incinerator.
9 (1) A person commits the offense of criminal
10 operation of a hazardous waste or PCB incinerator when,
11 in the course of operating a hazardous waste or PCB
12 incinerator, he knowingly and without justification
13 operates the incinerator (i) without an Agency permit, or
14 in knowing violation of the terms of an Agency permit,
15 and (ii) as a result of such violation, knowingly places
16 any person in danger of great bodily harm or knowingly
17 creates an immediate or long term material danger to the
18 public health or the environment.
19 (2) Any person who commits the offense of criminal
20 operation of a hazardous waste or PCB incinerator for the
21 first time commits a Class 4 felony and, in addition to
22 any other penalties prescribed by law, shall be subject
23 to a fine not to exceed $100,000 for each day of the
24 offense.
25 Any person who commits the offense of criminal
26 operation of a hazardous waste or PCB incinerator for a
27 second or subsequent time commits a Class 3 felony and,
28 in addition to any other penalties prescribed by law,
29 shall be subject to a fine not to exceed $250,000 for
30 each day of the offense.
31 (3) For the purpose of this subsection (k), the
32 term "hazardous waste or PCB incinerator" means a
33 pollution control facility at which either hazardous
34 waste or PCBs, or both, are incinerated. "PCBs" means any
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1 substance or mixture of substances that contains one or
2 more polychlorinated biphenyls in detectable amounts.
3 (l) It shall be the duty of all State and local law
4 enforcement officers to enforce this Act and the regulations
5 adopted hereunder, and all such officers shall have authority
6 to issue citations for such violations.
7 (m) Any action brought under this Section shall be
8 brought by the State's Attorney of the county in which the
9 violation occurred, or by the Attorney General, and shall be
10 conducted in accordance with the applicable provisions of the
11 Code of Criminal Procedure of 1963.
12 (n) For an offense described in this Section, the period
13 for commencing prosecution prescribed by the statute of
14 limitations shall not begin to run until the offense is
15 discovered by or reported to a State or local agency having
16 the authority to investigate violations of this Act.
17 (o) In addition to any other penalties provided under
18 this Act, if a person is convicted of (or agrees to a
19 settlement in an enforcement action over) illegal dumping of
20 waste on the person's own property, the Attorney General, the
21 Agency or local prosecuting authority shall file notice of
22 the conviction, finding or agreement in the office of the
23 Recorder in the county in which the landowner lives.
24 (Source: P.A. 88-45; 88-668, eff. 9-16-94; 88-681, eff.
25 12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)