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| Public Act 094-0286 |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 44 as follows:
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(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
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Sec. 44. Criminal acts; penalties.
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(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
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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.
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(b) Calculated Criminal Disposal of Hazardous Waste.
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(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.
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(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.
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(c) Criminal Disposal of Hazardous Waste.
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(1) A person commits the offense of Criminal Disposal | ||
of Hazardous Waste
when, without lawful justification, he | ||
knowingly disposes of hazardous waste.
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(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
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$250,000 for each day of such offense.
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(d) Unauthorized Use of Hazardous Waste.
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(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:
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(A) treats, transports, or stores any hazardous | ||
waste without such
permit, registration, or license;
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(B) treats, transports, or stores any hazardous | ||
waste in violation of
the terms and conditions of such | ||
permit or license;
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(C) transports any hazardous waste to a facility | ||
which does not have a
permit or license required under | ||
this Act; or
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(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.
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(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.
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(e) Unlawful Delivery of Hazardous Waste.
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(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.
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(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.
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(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
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relationship.
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(f) Reckless Disposal of Hazardous Waste.
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(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.
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(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
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$50,000 for each day of such offense.
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(g) Concealment of Criminal Disposal of Hazardous Waste.
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(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
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disposed of in violation of this Act.
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(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
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Waste is subject to a fine not to exceed $50,000 for each | ||
day of such offense.
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(h) Violations; False Statements.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(i) Verification.
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(1) Each application for a permit or license to dispose
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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
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license which contains a false material statement, which he | ||
does not believe
to be true.
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(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
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material statement that he does not believe to be true.
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(j) Violations of Other Provisions.
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(1) It is unlawful for a person knowingly to violate:
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(A) subsection (f) of Section 12 of this Act;
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(B) subsection (g) of Section 12 of this Act;
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(C) any term or condition of any Underground | ||
Injection Control (UIC)
permit;
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(D) any filing requirement, regulation, or order | ||
relating to the State
Underground Injection Control | ||
(UIC) program;
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(E) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 13 | ||
of this Act;
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(F) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 39 | ||
of this Act;
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(G) any National Pollutant Discharge Elimination | ||
System (NPDES) permit
issued under this Act or any term | ||
or condition of such permit;
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(H) subsection (h) of Section 12 of this Act;
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(I) subsection 6 of Section 39.5 of this Act;
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(J) any provision of any regulation, standard or | ||
filing requirement
under Section 39.5 of this Act; or
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(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.
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(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.
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(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:
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(A) subsection (f) of Section 12 of this Act;
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(B) subsection (g) of Section 12 of this Act;
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(C) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 13 | ||
of this Act;
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(D) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 39 | ||
of this Act;
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(E) any National Pollutant Discharge Elimination | ||
System (NPDES) permit
issued under this Act;
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(F) subsection 6 of Section 39.5 of this Act; or
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(G) any provision of any regulation, standard, or | ||
filing requirement
under Section 39.5 of this Act.
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(4) It is unlawful for a person knowingly to:
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(A) make any false statement, representation, or | ||
certification
in an application form, or form | ||
pertaining to, a National Pollutant Discharge
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Elimination System (NPDES) permit;
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(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;
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(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;
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(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
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(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.
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(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.
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(k) Criminal operation of a hazardous waste or PCB | ||
incinerator.
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(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.
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(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.
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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
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subject to a fine not to exceed $250,000 for each day of | ||
the offense.
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(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
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polychlorinated biphenyls in detectable amounts.
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(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.
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(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.
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(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.
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(o) In addition to any other penalties provided under this
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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.
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(p) Criminal Disposal of Waste.
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(1) A person commits the offense of Criminal Disposal | ||
of Waste when he or
she:
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(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
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(B) knowingly conducts open dumping of waste in | ||
violation of subsection
(a) of
Section 21 of this Act.
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(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
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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.
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(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
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addition to any other penalties provided by law, is | ||
subject to a fine not to
exceed $5,000 for each day of | ||
violation.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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