Public Act 90-0219 of the 90th General Assembly
Public Act 90-0219
SB378 Enrolled LRB9002067DPcc
AN ACT to amend the Environmental Protection Act by
changing Sections 21, 22.2, and 44.
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 Sections 21, 22.2, and 44 as follows:
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, no
permit shall be required for (i) any person conducting a
waste-storage, waste-treatment, or waste-disposal
operation for wastes generated by such person's own
activities which are stored, treated, or disposed within
the site where such wastes are generated, or (ii) for a
corporation organized under the General Not For Profit
Corporation Act of 1986, as now or hereafter amended, or
a predecessor Act, constructing a land form in
conformance with local zoning provisions, within a
municipality having a population of more than 1,000,000
inhabitants, with clean construction or demolition debris
generated within the municipality, provided that the
corporation has contracts for economic development
planning with the municipality; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) which receives waste after August 31, 1988,
does not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility
receiving special waste generated at the site; without
giving notice of the operation to the Agency by January
1, 1989, or 30 days after the date on which the operation
commences, whichever is later, and every 3 years
thereafter. The form for such notification shall be
specified by the Agency, and shall be limited to
information regarding: the name and address of the
location of the operation; the type of operation; the
types and amounts of waste stored, treated or disposed of
on an annual basis; the remaining capacity of the
operation; and the remaining expected life of the
operation.
Paragraph (3) of this subsection (d) shall not apply to
any person engaged in agricultural activity who is disposing
of a substance that constitutes solid waste, if the substance
was acquired for use by that person on his own property, and
the substance is disposed of on his own property in
accordance with regulations or standards adopted by the
Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by
the Agency under subsection (d) of Section 39 of this
Act, or in violation of any condition imposed by such
permit, including periodic reports and full access to
adequate records and the inspection of facilities, as may
be necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing
requirement established under standards adopted by the
Board under this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section
39 of this Act for any person engaged in agricultural
activity who is disposing of a substance which has been
identified as a hazardous waste, and which has been
designated by Board regulations as being subject to this
exception, if the substance was acquired for use by that
person on his own property and the substance is disposed of
on his own property in accordance with regulations or
standards adopted by the Board.
(g) Conduct any hazardous waste-transportation
operation:
(1) without registering with and obtaining a permit
from the Agency in accordance with the Uniform Program
implemented under subsection (l-5) of Section 22.2 a
permit issued by the Agency or in violation of any
conditions imposed by such permit, including periodic
reports and full access to adequate records and the
inspection of facilities, as may be necessary to assure
compliance with this Act and with regulations or
standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit
requirements adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste transportation operation
in violation of any regulations, standards or permit
requirements adopted by the Board under this Act. However,
sludge from a water or sewage treatment plant owned and
operated by a unit of local government which (1) is subject
to a sludge management plan approved by the Agency or a
permit granted by the Agency, and (2) has been tested and
determined not to be a hazardous waste as required by
applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling
permit, and the preparation and carrying of a manifest shall
not be required for such sludge under the rules of the
Pollution Control Board. The unit of local government which
operates the treatment plant producing such sludge shall file
a semiannual report with the Agency identifying the volume of
such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.
(k) Fail or refuse to pay any fee imposed under this
Act.
(l) Locate a hazardous waste disposal site above an
active or inactive shaft or tunneled mine or within 2 miles
of an active fault in the earth's crust. In counties of
population less than 225,000 no hazardous waste disposal site
shall be located (1) within 1 1/2 miles of the corporate
limits as defined on June 30, 1978, of any municipality
without the approval of the governing body of the
municipality in an official action; or (2) within 1000 feet
of an existing private well or the existing source of a
public water supply measured from the boundary of the actual
active permitted site and excluding existing private wells on
the property of the permit applicant. The provisions of this
subsection do not apply to publicly-owned sewage works or the
disposal or utilization of sludge from publicly-owned sewage
works.
(m) Transfer interest in any land which has been used as
a hazardous waste disposal site without written notification
to the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under
subsection (g) of Section 39.
(n) Use any land which has been used as a hazardous
waste disposal site except in compliance with conditions
imposed by the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines
(as determined by the boundaries established for the
landfill by a permit issued by the Agency);
(4) open burning of refuse in violation of Section
9 of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time
limits established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion
of the landfill;
(10) acceptance of a special waste without a
required manifest;
(11) failure to submit reports required by permits
or Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the
site or any performance bond or other security for the
site as required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall
be enforceable by the Agency either by administrative
citation under Section 31.1 of this Act or as otherwise
provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish
regulations or standards applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section,
cause or allow the open dumping of any waste in a manner
which results in any of the following occurrences at the dump
site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing
waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the
dump site.
The prohibitions specified in this subsection (p) shall
be enforceable by the Agency either by administrative
citation under Section 31.1 of this Act or as otherwise
provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish
regulations or standards applicable to open dumping.
(q) Conduct a landscape waste composting operation
without an Agency permit, provided, however, that no permit
shall be required for any person:
(1) conducting a landscape waste composting
operation for landscape wastes generated by such person's
own activities which are stored, treated or disposed of
within the site where such wastes are generated; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(3) operating a landscape waste composting facility
on a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material
is utilized, and the composting facility constitutes
no more than 2% of the property's total acreage,
except that the Agency may allow a higher percentage
for individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate;
(B) the property on which the composting
facility is located, and any associated property on
which the compost is used, is principally and
diligently devoted to the production of agricultural
crops and is not owned, leased or otherwise
controlled by any waste hauler or generator of
nonagricultural compost materials, and the operator
of the composting facility is not an employee,
partner, shareholder, or in any way connected with
or controlled by any such waste hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land
actually farmed by the person operating the
composting facility, and the finished compost is not
stored at the composting site for a period longer
than 18 months prior to its application as mulch,
fertilizer, or soil conditioner;
(D) the owner or operator, by January 1, 1990
(or the January 1 following commencement of
operation, whichever is later) and January 1 of each
year thereafter, (i) registers the site with the
Agency, (ii) reports to the Agency on the volume of
composting material received and used at the site,
(iii) certifies to the Agency that the site complies
with the requirements set forth in subparagraphs
(A), (B) and (C) of this paragraph (q)(3), and (iv)
certifies to the Agency that all composting material
was placed more than 200 feet from the nearest
potable water supply well, was placed outside the
boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least
1/4 mile from the nearest residence (other than a
residence located on the same property as the
facility) and there are not more than 10 occupied
non-farm residences within 1/2 mile of the
boundaries of the site on the date of application,
and was placed more than 5 feet above the water
table.
For the purposes of this subsection (q), "agronomic
rates" means the application of not more than 20 tons per
acre per year, except that the Agency may allow a higher rate
for individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site
or facility for which a permit has been obtained or is
not otherwise required under subsection (d) of this
Section; or
(2) such waste is stored or disposed of as a part
of the design and reclamation of a site or facility which
is an abandoned mine site in accordance with the
Abandoned Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site
or facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the Federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES
and Subtitle D permits issued by the Agency under
such regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the
provisions of Title X of this Act, the Agency is authorized
to grant experimental permits which include provision for the
disposal of wastes from the combustion of coal and other
materials pursuant to items (2) and (3) of this subdivision
(r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that
the fee required under Section 22.8 of this Act has been
paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993,
without a permit modification, granted by the Agency, that
authorizes the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
eff. 7-6-95; 89-535, eff. 7-19-96.)
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
Sec. 22.2. Hazardous waste; fees; liability.
(a) There are hereby created within the State Treasury 2
special funds to be known respectively as the "Hazardous
Waste Fund" and the "Hazardous Waste Research Fund",
constituted from the fees collected pursuant to this Section.
(b) (1) On and after January 1, 1989, the Agency shall
collect from the owner or operator of each of the
following sites a fee in the amount of:
(A) 6 cents per gallon or $12.12 per cubic
yard of hazardous waste disposed for 1989, 7.5 cents
per gallon or $15.15 per cubic yard for 1990 and 9
cents per gallon or $18.18 per cubic yard
thereafter, if the hazardous waste disposal site is
located off the site where such waste was produced.
The maximum amount payable under this subdivision
(A) with respect to the hazardous waste generated by
a single generator and deposited in monofills is
$20,000 for 1989, $25,000 for 1990, and $30,000 per
year thereafter. If, as a result of the use of
multiple monofills, waste fees in excess of the
maximum are assessed with respect to a single waste
generator, the generator may apply to the Agency for
a credit.
(B) 6 cents per gallon or $12.12 per cubic
yard of hazardous waste disposed for 1989, 7.5 cents
per gallon or $15.15 per cubic yard for 1990 and 9
cents or $18.18 per cubic yard thereafter, if the
hazardous waste disposal site is located on the site
where such waste was produced, provided however the
maximum amount of fees payable under this paragraph
(B) is $20,000 for 1989, $25,000 for 1990 and
$30,000 per year thereafter for each such hazardous
waste disposal site.
(C) If the hazardous waste disposal site is an
underground injection well, $6,000 per year if not
more than 10,000,000 gallons per year are injected,
$15,000 per year if more than 10,000,000 gallons but
not more than 50,000,000 gallons per year are
injected, and $27,000 per year if more than
50,000,000 gallons per year are injected.
(D) 2 cents per gallon or $4.04 per cubic yard
for 1989, 2.5 cents per gallon or $5.05 per cubic
yard for 1990, and 3 cents per gallon or $6.06 per
cubic yard thereafter of hazardous waste received
for treatment at a hazardous waste treatment site,
if the hazardous waste treatment site is located off
the site where such waste was produced and if such
hazardous waste treatment site is owned, controlled
and operated by a person other than the generator of
such waste. After treatment at such hazardous waste
treatment site, the waste shall not be subject to
any other fee imposed by this subsection (b). For
purposes of this subsection (b), the term
"treatment" is defined as in Section 3.49 but shall
not include recycling, reclamation or reuse.
(2) The General Assembly shall annually appropriate
to the Fund such amounts as it deems necessary to fulfill
the purposes of this Act.
(3) Whenever the unobligated balance of the
Hazardous Waste Fund exceeds $10,000,000, the Agency
shall suspend the collection of the fees provided for in
this Section until the unobligated balance of the Fund
falls below $8,000,000.
(4) Of the amount collected as fees provided for in
this Section, the Agency shall manage the use of such
funds to assure that sufficient funds are available for
match towards federal expenditures for response action at
sites which are listed on the National Priorities List;
provided, however, that this shall not apply to
additional monies appropriated to the Fund by the General
Assembly, nor shall it apply in the event that the
Director finds that revenues in the Hazardous Waste Fund
must be used to address conditions which create or may
create an immediate danger to the environment or public
health or to the welfare of the people of the State of
Illinois.
(5) Notwithstanding the other provisions of this
subsection (b), sludge from a publicly-owned sewage works
generated in Illinois, coal mining wastes and refuse
generated in Illinois, bottom boiler ash, flyash and flue
gas desulphurization sludge from public utility electric
generating facilities located in Illinois, and bottom
boiler ash and flyash from all incinerators which process
solely municipal waste shall not be subject to the fee.
(6) For the purposes of this subsection (b),
"monofill" means a facility, or a unit at a facility,
that accepts only wastes bearing the same USEPA hazardous
waste identification number, or compatible wastes as
determined by the Agency.
(c) The Agency shall establish procedures, not later
than January 1, 1984, relating to the collection of the fees
authorized by this Section. Such procedures shall include,
but not be limited to: (1) necessary records identifying the
quantities of hazardous waste received or disposed; (2) the
form and submission of reports to accompany the payment of
fees to the Agency; and (3) the time and manner of payment of
fees to the Agency, which payments shall be not more often
than quarterly.
(d) Beginning July 1, 1996, the Agency shall deposit all
such receipts in the State Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of
this Section. All monies in the Hazardous Waste Fund shall be
used by the Agency for the following purposes:
(1) Taking whatever preventive or corrective action
is necessary or appropriate, in circumstances certified
by the Director, including but not limited to removal or
remedial action whenever there is a release or
substantial threat of a release of a hazardous substance
or pesticide; provided, the Agency shall expend no more
than $1,000,000 on any single incident without
appropriation by the General Assembly.
(2) To meet any requirements which must be met by
the State in order to obtain federal funds pursuant to
the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, (P.L. 96-510).
(3) In an amount up to 30% of the amount collected
as fees provided for in this Section, for use by the
Agency to conduct groundwater protection activities,
including providing grants to appropriate units of local
government which are addressing protection of underground
waters pursuant to the provisions of this Act.
(4) To fund the development and implementation of
the model pesticide collection program under Section 19.1
of the Illinois Pesticide Act.
(5) To the extent the Agency has received and
deposited monies in the Fund other than fees collected
under subsection (b) of this Section, to pay for the cost
of Agency employees for services provided in reviewing
the performance of response actions pursuant to Title
XVII of this Act.
(6) In an amount up to 15% of the fees collected
annually under subsection (b) of this Section, for use by
the Agency for administration of the provisions of this
Section. of Public Health
(e) The Agency shall deposit 10% of all receipts
collected under subsection (b) of this Section, but not to
exceed $200,000 per year, in the State Treasury to the credit
of the Hazardous Waste Research Fund established by this Act.
Pursuant to appropriation, all monies in such Fund shall be
used by the Department of Natural Resources for the purposes
set forth in this subsection.
The Department of Natural Resources may enter into
contracts with business, industrial, university, governmental
or other qualified individuals or organizations to assist in
the research and development intended to recycle, reduce the
volume of, separate, detoxify or reduce the hazardous
properties of hazardous wastes in Illinois. Monies in the
Fund may also be used by the Department of Natural Resources
for technical studies, monitoring activities, and educational
and research activities which are related to the protection
of underground waters. Monies in the Hazardous Waste
Research Fund may be used to administer the Illinois Health
and Hazardous Substances Registry Act. Monies in the
Hazardous Waste Research Fund shall not be used for any
sanitary landfill or the acquisition or construction of any
facility. This does not preclude the purchase of equipment
for the purpose of public demonstration projects. The
Department of Natural Resources shall adopt guidelines for
cost sharing, selecting, and administering projects under
this subsection.
(f) Notwithstanding any other provision or rule of law,
and subject only to the defenses set forth in subsection (j)
of this Section, the following persons shall be liable for
all costs of removal or remedial action incurred by the State
of Illinois or any unit of local government as a result of a
release or substantial threat of a release of a hazardous
substance or pesticide:
(1) the owner and operator of a facility or vessel
from which there is a release or substantial threat of
release of a hazardous substance or pesticide;
(2) any person who at the time of disposal,
transport, storage or treatment of a hazardous substance
or pesticide owned or operated the facility or vessel
used for such disposal, transport, treatment or storage
from which there was a release or substantial threat of a
release of any such hazardous substance or pesticide;
(3) any person who by contract, agreement, or
otherwise has arranged with another party or entity for
transport, storage, disposal or treatment of hazardous
substances or pesticides owned, controlled or possessed
by such person at a facility owned or operated by another
party or entity from which facility there is a release or
substantial threat of a release of such hazardous
substances or pesticides; and
(4) any person who accepts or accepted any
hazardous substances or pesticides for transport to
disposal, storage or treatment facilities or sites from
which there is a release or a substantial threat of a
release of a hazardous substance or pesticide.
Any monies received by the State of Illinois pursuant to
this subsection (f) shall be deposited in the State Treasury
to the credit of the Hazardous Waste Fund.
In accordance with the other provisions of this Section,
costs of removal or remedial action incurred by a unit of
local government may be recovered in an action before the
Board brought by the unit of local government under
subsection (i) of this Section. Any monies so recovered
shall be paid to the unit of local government.
(g)(1) No indemnification, hold harmless, or similar
agreement or conveyance shall be effective to transfer
from the owner or operator of any vessel or facility or
from any person who may be liable for a release or
substantial threat of a release under this Section, to
any other person the liability imposed under this
Section. Nothing in this Section shall bar any agreement
to insure, hold harmless or indemnify a party to such
agreements for any liability under this Section.
(2) Nothing in this Section, including the
provisions of paragraph (g)(1) of this Section, shall bar
a cause of action that an owner or operator or any other
person subject to liability under this Section, or a
guarantor, has or would have, by reason of subrogation or
otherwise against any person.
(h) For purposes of this Section:
(1) The term "facility" means:
(A) any building, structure, installation,
equipment, pipe or pipeline including but not
limited to any pipe into a sewer or publicly owned
treatment works, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container,
motor vehicle, rolling stock, or aircraft; or
(B) any site or area where a hazardous
substance has been deposited, stored, disposed of,
placed, or otherwise come to be located.
(2) The term "owner or operator" means:
(A) any person owning or operating a vessel or
facility;
(B) in the case of an abandoned facility, any
person owning or operating the abandoned facility or
any person who owned, operated, or otherwise
controlled activities at the abandoned facility
immediately prior to such abandonment;
(C) in the case of a land trust as defined in
Section 2 of the Land Trustee as Creditor Act, the
person owning the beneficial interest in the land
trust;
(D) in the case of a fiduciary (other than a
land trustee), the estate, trust estate, or other
interest in property held in a fiduciary capacity,
and not the fiduciary. For the purposes of this
Section, "fiduciary" means a trustee, executor,
administrator, guardian, receiver, conservator or
other person holding a facility or vessel in a
fiduciary capacity;
(E) in the case of a "financial institution",
meaning the Illinois Housing Development Authority
and that term as defined in Section 2 of the
Illinois Banking Act, that has acquired ownership,
operation, management, or control of a vessel or
facility through foreclosure or under the terms of a
security interest held by the financial institution
or under the terms of an extension of credit made by
the financial institution, the financial institution
only if the financial institution takes possession
of the vessel or facility and the financial
institution exercises actual, direct, and continual
or recurrent managerial control in the operation of
the vessel or facility that causes a release or
substantial threat of a release of a hazardous
substance or pesticide resulting in removal or
remedial action;
(F) In the case of an owner of residential
property, the owner if the owner is a person other
than an individual, or if the owner is an individual
who owns more than 10 dwelling units in Illinois, or
if the owner, or an agent, representative,
contractor, or employee of the owner, has caused,
contributed to, or allowed the release or threatened
release of a hazardous substance or pesticide. The
term "residential property" means single family
residences of one to 4 dwelling units, including
accessory land, buildings, or improvements
incidental to those dwellings that are exclusively
used for the residential use. For purposes of this
subparagraph (F), the term "individual" means a
natural person, and shall not include corporations,
partnerships, trusts, or other non-natural persons.
(G) In the case of any facility, title or
control of which was conveyed due to bankruptcy,
foreclosure, tax delinquency, abandonment, or
similar means to a unit of State or local
government, any person who owned, operated, or
otherwise controlled activities at the facility
immediately beforehand.
(H) The term "owner or operator" does not
include a unit of State or local government which
acquired ownership or control through bankruptcy,
tax delinquency, abandonment, or other circumstances
in which the government acquires title by virtue of
its function as sovereign. The exclusion provided
under this paragraph shall not apply to any State or
local government which has caused or contributed to
the release or threatened release of a hazardous
substance from the facility, and such a State or
local government shall be subject to the provisions
of this Act in the same manner and to the same
extent, both procedurally and substantively, as any
nongovernmental entity, including liability under
Section 22.2(f).
(i) The costs and damages provided for in this Section
may be imposed by the Board in an action brought before the
Board in accordance with Title VIII of this Act, except that
Section 33(c) of this Act shall not apply to any such action.
(j) (1) There shall be no liability under this Section
for a person otherwise liable who can establish by a
preponderance of the evidence that the release or substantial
threat of release of a hazardous substance and the damages
resulting therefrom were caused solely by:
(A) an act of God;
(B) an act of war;
(C) an act or omission of a third party other than
an employee or agent of the defendant, or other than one
whose act or omission occurs in connection with a
contractual relationship, existing directly or
indirectly, with the defendant (except where the sole
contractual arrangement arises from a published tariff
and acceptance for carriage by a common carrier by rail),
if the defendant establishes by a preponderance of the
evidence that (i) he exercised due care with respect to
the hazardous substance concerned, taking into
consideration the characteristics of such hazardous
substance, in light of all relevant facts and
circumstances, and (ii) he took precautions against
foreseeable acts or omissions of any such third party and
the consequences that could foreseeably result from such
acts or omissions; or
(D) any combination of the foregoing paragraphs.
(2) There shall be no liability under this Section for
any release permitted by State or federal law.
(3) There shall be no liability under this Section for
damages as a result of actions taken or omitted in the course
of rendering care, assistance, or advice in accordance with
this Section or the National Contingency Plan pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with respect
to an incident creating a danger to public health or welfare
or the environment as a result of any release of a hazardous
substance or a substantial threat thereof. This subsection
shall not preclude liability for damages as the result of
gross negligence or intentional misconduct on the part of
such person. For the purposes of the preceding sentence,
reckless, willful, or wanton misconduct shall constitute
gross negligence.
(4) There shall be no liability under this Section for
any person (including, but not limited to, an owner of
residential property who applies a pesticide to the
residential property or who has another person apply a
pesticide to the residential property) for response costs or
damages as the result of the storage, handling and use, or
recommendation for storage, handling and use, of a pesticide
consistent with:
(A) its directions for storage, handling and use as
stated in its label or labeling;
(B) its warnings and cautions as stated in its
label or labeling; and
(C) the uses for which it is registered under the
Federal Insecticide, Fungicide and Rodenticide Act and
the Illinois Pesticide Act.
(4.5) There shall be no liability under subdivision
(f)(1) of this Section for response costs or damages as the
result of a release of a pesticide from an agrichemical
facility site if the Agency has received notice from the
Department of Agriculture pursuant to Section 19.3 of the
Illinois Pesticide Act, the owner or operator of the
agrichemical facility is proceeding with a corrective action
plan under the Agrichemical Facility Response Action Program
implemented under that Section, and the Agency has provided a
written endorsement of a corrective action plan.
(4.6) There shall be no liability under subdivision
(f)(1) of this Section for response costs or damages as the
result of a substantial threat of a release of a pesticide
from an agrichemical facility site if the Agency has received
notice from the Department of Agriculture pursuant to Section
19.3 of the Illinois Pesticide Act and the owner or operator
of the agrichemical facility is proceeding with a corrective
action plan under the Agrichemical Facility Response Action
Program implemented under that Section.
(5) Nothing in this subsection (j) shall affect or
modify in any way the obligations or liability of any person
under any other provision of this Act or State or Federal
law, including common law, for damages, injury, or loss
resulting from a release or substantial threat of a release
of any hazardous substance or for removal or remedial action
or the costs of removal or remedial action of such hazardous
substance.
(6)(A) The term "contractual relationship", for the
purpose of this subsection includes, but is not limited to,
land contracts, deeds or other instruments transferring title
or possession, unless the real property on which the facility
concerned is located was acquired by the defendant after the
disposal or placement of the hazardous substance on, in, or
at the facility, and one or more of the circumstances
described in clause (i), (ii), or (iii) of this paragraph is
also established by the defendant by a preponderance of the
evidence:
(i) At the time the defendant acquired the facility
the defendant did not know and had no reason to know that
any hazardous substance which is the subject of the
release or threatened release was disposed of on, in or
at the facility.
(ii) The defendant is a government entity which
acquired the facility by escheat, or through any other
involuntary transfer or acquisition, or through the
exercise of eminent domain authority by purchase or
condemnation.
(iii) The defendant acquired the facility by
inheritance or bequest.
In addition to establishing the foregoing, the defendant
must establish that he has satisfied the requirements of
subparagraph (C) of paragraph (l) of this subsection (j).
(B) To establish the defendant had no reason to know, as
provided in clause (i) of subparagraph (A) of this paragraph,
the defendant must have undertaken, at the time of
acquisition, all appropriate inquiry into the previous
ownership and uses of the property consistent with good
commercial or customary practice in an effort to minimize
liability. For purposes of the preceding sentence, the court
shall take into account any specialized knowledge or
experience on the part of the defendant, the relationship of
the purchase price to the value of the property if
uncontaminated, commonly known or reasonably ascertainable
information about the property, the obviousness of the
presence or likely presence of contamination at the property,
and the ability to detect such contamination by appropriate
inspection.
(C) Nothing in this paragraph (6) or in subparagraph (C)
of paragraph (1) of this subsection shall diminish the
liability of any previous owner or operator of such facility
who would otherwise be liable under this Act. Notwithstanding
this paragraph (6), if the defendant obtained actual
knowledge of the release or threatened release of a hazardous
substance at such facility when the defendant owned the real
property and then subsequently transferred ownership of the
property to another person without disclosing such knowledge,
such defendant shall be treated as liable under subsection
(f) of this Section and no defense under subparagraph (C) of
paragraph (1) of this subsection shall be available to such
defendant.
(D) Nothing in this paragraph (6) shall affect the
liability under this Act of a defendant who, by any act or
omission, caused or contributed to the release or threatened
release of a hazardous substance which is the subject of the
action relating to the facility.
(E) (i) Except as provided in clause (ii) of this
subparagraph (E), a defendant who has acquired real property
shall have established a rebuttable presumption against all
State claims and a conclusive presumption against all private
party claims that the defendant has made all appropriate
inquiry within the meaning of subdivision (6)(B) of this
subsection (j) if the defendant proves that immediately prior
to or at the time of the acquisition:
(I) the defendant obtained a Phase I Environmental
Audit of the real property that meets or exceeds the
requirements of this subparagraph (E), and the Phase I
Environmental Audit did not disclose the presence or
likely presence of a release or a substantial threat of a
release of a hazardous substance or pesticide at, on, to,
or from the real property; or
(II) the defendant obtained a Phase II
Environmental Audit of the real property that meets or
exceeds the requirements of this subparagraph (E), and
the Phase II Environmental Audit did not disclose the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property.
(ii) No presumption shall be created under clause (i) of
this subparagraph (E), and a defendant shall be precluded
from demonstrating that the defendant has made all
appropriate inquiry within the meaning of subdivision (6)(B)
of this subsection (j), if:
(I) the defendant fails to obtain all Environmental
Audits required under this subparagraph (E) or any such
Environmental Audit fails to meet or exceed the
requirements of this subparagraph (E);
(II) a Phase I Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from real property, and the defendant
fails to obtain a Phase II Environmental Audit;
(III) a Phase II Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property;
(IV) the defendant fails to maintain a written
compilation and explanatory summary report of the
information reviewed in the course of each Environmental
Audit under this subparagraph (E); or
(V) there is any evidence of fraud, material
concealment, or material misrepresentation by the
defendant of environmental conditions or of related
information discovered during the course of an
Environmental Audit.
(iii) For purposes of this subparagraph (E), the term
"environmental professional" means an individual (other than
a practicing attorney) who, through academic training,
occupational experience, and reputation (such as engineers,
industrial hygienists, or geologists) can objectively conduct
one or more aspects of an Environmental Audit and who either:
(I) maintains at the time of the Environmental
Audit and for at least one year thereafter at least
$500,000 of environmental consultants' professional
liability insurance coverage issued by an insurance
company licensed to do business in Illinois; or
(II) is an Illinois licensed professional engineer
or an Illinois licensed industrial hygienist.
An environmental professional may employ persons who are
not environmental professionals to assist in the preparation
of an Environmental Audit if such persons are under the
direct supervision and control of the environmental
professional.
(iv) For purposes of this subparagraph (E), the term
"real property" means any interest in any parcel of land, and
shall not be limited to the definition of the term "real
property" contained in the Responsible Property Transfer Act
of 1988. For purposes of this subparagraph (E), the term
"real property" includes, but is not limited to, buildings,
fixtures, and improvements.
(v) For purposes of this subparagraph (E), the term
"Phase I Environmental Audit" means an investigation of real
property, conducted by environmental professionals, to
discover the presence or likely presence of a release or a
substantial threat of a release of a hazardous substance or
pesticide at, on, to, or from real property, and whether a
release or a substantial threat of a release of a hazardous
substance or pesticide has occurred or may occur at, on, to,
or from the real property. The investigation shall include a
review of at least each of the following sources of
information concerning the current and previous ownership and
use of the real property:
(I) Recorded chain of title documents regarding the
real property, including all deeds, easements, leases,
restrictions, and covenants for a period of 50 years.
(II) Aerial photographs that may reflect prior uses
of the real property and that are reasonably obtainable
through State, federal, or local government agencies or
bodies.
(III) Recorded environmental cleanup liens, if any,
against the real property that have arisen pursuant to
this Act or federal statutes.
(IV) Reasonably obtainable State, federal, and
local government records of sites or facilities at, on,
or near the real property to discover the presence or
likely presence of a hazardous substance or pesticide,
and whether a release or a substantial threat of a
release of a hazardous substance or pesticide has
occurred or may occur at, on, to, or from the real
property. Such government records shall include, but not
be limited to: reasonably obtainable State, federal, and
local government investigation reports for those sites or
facilities; reasonably obtainable State, federal, and
local government records of activities likely to cause or
contribute to a release or a threatened release of a
hazardous substance or pesticide at, on, to, or from the
real property, including landfill and other treatment,
storage, and disposal location records, underground
storage tank records, hazardous waste transporter and
generator records, and spill reporting records; and other
reasonably obtainable State, federal, and local
government environmental records that report incidents or
activities that are likely to cause or contribute to a
release or a threatened release of a hazardous substance
or pesticide at, on, to, or from the real property. In
order to be deemed "reasonably obtainable" as required
herein, a copy or reasonable facsimile of the record must
be obtainable from the government agency by request and
upon payment of a processing fee, if any, established by
the government agency. The Agency is authorized to
establish a reasonable fee for processing requests
received under this subparagraph (E) for records. All
fees collected by the Agency under this clause (v)(IV)
shall be deposited into the Environmental Protection
Permit and Inspection Fund in accordance with Section
22.8. Notwithstanding any other law, if the fee is paid,
commencing on the effective date of this amendatory Act
of 1993 and until one year after the effective date of
this amendatory Act of 1993, the Agency shall use its
best efforts to process a request received under this
subparagraph (E) as expeditiously as possible.
Notwithstanding any other law, commencing one year after
the effective date of this amendatory Act of 1993, if the
fee is paid, the Agency shall process a request received
under this subparagraph (E) for records within 30 days of
the receipt of such request.
(V) A visual site inspection of the real property
and all facilities and improvements on the real property
and a visual inspection of properties immediately
adjacent to the real property, including an investigation
of any use, storage, treatment, spills from use, or
disposal of hazardous substances, hazardous wastes, solid
wastes, or pesticides. If the person conducting the
investigation is denied access to any property adjacent
to the real property, the person shall conduct a visual
inspection of that adjacent property from the property to
which the person does have access and from public
rights-of-way.
(VI) A review of business records for activities at
or on the real property for a period of 50 years.
(vi) For purposes of subparagraph (E), the term "Phase
II Environmental Audit" means an investigation of real
property, conducted by environmental professionals,
subsequent to a Phase I Environmental Audit. If the Phase I
Environmental Audit discloses the presence or likely presence
of a hazardous substance or a pesticide or a release or a
substantial threat of a release of a hazardous substance or
pesticide:
(I) In or to soil, the defendant, as part of the
Phase II Environmental Audit, shall perform a series of
soil borings sufficient to determine whether there is a
presence or likely presence of a hazardous substance or
pesticide and whether there is or has been a release or a
substantial threat of a release of a hazardous substance
or pesticide at, on, to, or from the real property.
(II) In or to groundwater, the defendant, as part
of the Phase II Environmental Audit, shall: review
information regarding local geology, water well
locations, and locations of waters of the State as may be
obtained from State, federal, and local government
records, including but not limited to the United States
Geological Service, the State Geological Survey Division
of the Department of Natural Resources, and the State
Water Survey Division of the Department of Natural
Resources; and perform groundwater monitoring sufficient
to determine whether there is a presence or likely
presence of a hazardous substance or pesticide, and
whether there is or has been a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property.
(III) On or to media other than soil or
groundwater, the defendant, as part of the Phase II
Environmental Audit, shall perform an investigation
sufficient to determine whether there is a presence or
likely presence of a hazardous substance or pesticide,
and whether there is or has been a release or a
substantial threat of a release of a hazardous substance
or pesticide at, on, to, or from the real property.
(vii) The findings of each Environmental Audit prepared
under this subparagraph (E) shall be set forth in a written
audit report. Each audit report shall contain an affirmation
by the defendant and by each environmental professional who
prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty of perjury as
defined in Section 32-2 of the Criminal Code of 1961. It is
perjury for any person to sign an audit report that contains
a false material statement that the person does not believe
to be true.
(viii) The Agency is not required to review, approve, or
certify the results of any Environmental Audit. The
performance of an Environmental Audit shall in no way entitle
a defendant to a presumption of Agency approval or
certification of the results of the Environmental Audit.
The presence or absence of a disclosure document prepared
under the Responsible Property Transfer Act of 1988 shall not
be a defense under this Act and shall not satisfy the
requirements of subdivision (6)(A) of this subsection (j).
(7) No person shall be liable under this Section for
response costs or damages as the result of a pesticide
release if the Agency has found that a pesticide release
occurred based on a Health Advisory issued by the U.S.
Environmental Protection Agency or an action level developed
by the Agency, unless the Agency notified the manufacturer of
the pesticide and provided an opportunity of not less than 30
days for the manufacturer to comment on the technical and
scientific justification supporting the Health Advisory or
action level.
(8) No person shall be liable under this Section for
response costs or damages as the result of a pesticide
release that occurs in the course of a farm pesticide
collection program operated under Section 19.1 of the
Illinois Pesticide Act, unless the release results from gross
negligence or intentional misconduct.
(k) If any person who is liable for a release or
substantial threat of release of a hazardous substance or
pesticide fails without sufficient cause to provide removal
or remedial action upon or in accordance with a notice and
request by the Agency or upon or in accordance with any order
of the Board or any court, such person may be liable to the
State for punitive damages in an amount at least equal to,
and not more than 3 times, the amount of any costs incurred
by the State of Illinois as a result of such failure to take
such removal or remedial action. The punitive damages
imposed by the Board shall be in addition to any costs
recovered from such person pursuant to this Section and in
addition to any other penalty or relief provided by this Act
or any other law.
Any monies received by the State pursuant to this
subsection (k) shall be deposited in the Hazardous Waste
Fund.
(l) Beginning January 1, 1988, the Agency shall annually
collect a $250 fee for each Special Waste Hauling Permit
Application and, in addition, shall collect a fee of $20 for
each waste hauling vehicle identified in the annual permit
application and for each vehicle which is added to the permit
during the annual period. The Agency shall deposit 85% of
such fees collected under this subsection (l) in the State
Treasury to the credit of the Hazardous Waste Research Fund;
and shall deposit the remaining 15% of such fees collected in
the State Treasury to the credit of the Environmental
Protection Permit and Inspection Fund. The majority of such
receipts which are deposited in the Hazardous Waste Research
Fund pursuant to this subsection shall be used by the
Department of Natural Resources for activities which relate
to the protection of underground waters. Persons engaged in
the offsite transportation of hazardous waste by highway and
participating in the Uniform Program under subsection (l-5)
are not required to file a Special Waste Hauling Permit
Application.
(l-5) (1) As used in this subsection:
"Base state" means the state selected by a
transporter according to the procedures established under
the Uniform Program.
"Base state agreement" means an agreement between
participating states electing to register or permit
transporters.
"Participating state" means a state electing to
participate in the Uniform Program by entering into a
base state agreement.
"Transporter" means a person engaged in the offsite
transportation of hazardous waste by highway.
"Uniform application" means the uniform registration
and permit application form prescribed under the Uniform
Program.
"Uniform Program" means the Uniform State Hazardous
Materials Transportation Registration and Permit Program
established in the report submitted and amended pursuant
to 49 U.S.C. Section 5119(b), as implemented by the
Agency under this subsection.
"Vehicle" means any self-propelled motor vehicle,
except a truck tractor without a trailer, designed or
used for the transportation of hazardous waste subject to
the hazardous waste manifesting requirements of 40 U.S.C.
Section 6923(a)(3).
(2) Beginning July 1, 1998, the Agency shall
implement the Uniform State Hazardous Materials
Transportation Registration and Permit Program. On and
after that date, no person shall engage in the offsite
transportation of hazardous waste by highway without
registering and obtaining a permit under the Uniform
Program. A transporter with its principal place of
business in Illinois shall register with and obtain a
permit from the Agency. A transporter that designates
another participating state in the Uniform Program as its
base state shall likewise register with and obtain a
permit from that state before transporting hazardous
waste in Illinois.
(3) Beginning July 1, 1998, the Agency shall
annually collect no more than a $250 processing and audit
fee from each transporter of hazardous waste who has
filed a uniform application and, in addition, the Agency
shall annually collect an apportioned vehicle
registration fee of $20. The amount of the apportioned
vehicle registration fee shall be calculated consistent
with the procedures established under the Uniform
Program.
All moneys received by the Agency from the
collection of fees pursuant to the Uniform Program shall
be deposited into the Hazardous Waste Transporter account
hereby created within the Environmental Protection Permit
and Inspection Fund. The State Treasurer shall credit to
the account interest and earnings from account
investments. Moneys remaining in the account at the close
of the fiscal year shall not lapse to the General Revenue
Fund. The State Treasurer may receive money or other
assets from any source for deposit into the account. The
Agency may expend moneys from the account, upon
appropriation, for the implementation of the Uniform
Program, including the costs to the Agency of fee
collection and administration. In addition, funds not
expended for the implementation of the Uniform Program
may be utilized for emergency response and cleanup
activities melated to hazardous waste transportation that
are initiated by the Agency.
Whenever the amount of the Hazardous Waste
Transporter account exceeds by 115% the amount annually
appropriated by the General Assembly, the Agency shall credit
participating transporters an amount, proportionately based
on the amount of the vehicle fee paid, equal to the excess in
the account, and shall determine the need to reduce the
amount of the fee charged transporters in the subsequent
fiscal year by the amount of the credit.
(4) (A) The Agency may propose and the Board shall
adopt rules as necessary to implement and enforce the
Uniform Program. The Agency is authorized to enter into
agreements with other agencies of this State as necessary
to carry out administrative functions or enforcement of
the Uniform Program.
(B) The Agency shall recognize a Uniform Program
registration as valid for one year from the date a notice
of registration form is issued and a permit as valid for
3 years from the date issued or until a transporter fails
to renew its registration, whichever occurs first.
(C) The Agency may inspect or examine any motor
vehicle or facility operated by a transporter, including
papers, books, records, documents, or other materials to
determine if a transporter is complying with the Uniform
Program. The Agency may also conduct investigations and
audits as necessary to determine if a transporter is
entitled to a permit or to make suspension or revocation
determinations consistent with the standards of the
Uniform Program.
(5) The Agency may enter into agreements with
federal agencies, national repositories, or other
participating states as necessary to allow for the
reciprocal registration and permitting of transporters
pursuant to the Uniform Program. The agreements may
include procedures for determining a base state, the
collection and distribution of registration fees, dispute
resolution, the exchange of information for reporting and
enforcement purposes, and other provisions necessary to
fully implement, administer, and enforce the Uniform
Program.
(m) (Blank).
(n) (Blank).
(Source: P.A. 88-438; 88-602, eff. 9-1-94; 89-94, eff.
7-6-95; 89-158, eff. 1-1-96; 89-431, eff. 12-15-95; 89-443,
eff. 7-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96;
revised 10-2-96.)
(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 open dumping of construction debris under this Act to
perform community service for not less than 50 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 on his person such permit or license.
(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 misdemeanor. In addition to any other penalties
prescribed by law, a person convicted of violating
subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
not to exceed $100,000 for each day of such violation,
and a person who is convicted of violating subdivision
(1)(D) is subject to a fine not to exceed $1,000.
(e) Unlawful Delivery of Hazardous Waste.
(1) Except as authorized by this Act or the federal
Resource Conservation and Recovery Act, and the
regulations promulgated thereunder, it is unlawful for
any person to knowingly deliver hazardous waste.
(2) Unlawful Delivery of Hazardous Waste is a Class
3 felony. In addition to any other penalties prescribed
by law, a person convicted of the offense of Unlawful
Delivery of Hazardous Waste is subject to a fine not to
exceed $250,000 for each such violation.
(3) For purposes of this Section, "deliver" or
"delivery" means the actual, constructive, or attempted
transfer of possession of hazardous waste, with or
without consideration, whether or not there is an agency
relationship.
(f) Reckless Disposal of Hazardous Waste.
(1) A person commits Reckless Disposal of Hazardous
Waste if he disposes of hazardous waste, and his acts
which cause the hazardous waste to be disposed of,
whether or not those acts are undertaken pursuant to or
under color of any permit or license, are performed with
a conscious disregard of a substantial and unjustifiable
risk that such disposing of hazardous waste is a gross
deviation from the standard of care which a reasonable
person would exercise in the situation.
(2) Reckless Disposal of Hazardous Waste is a Class
4 felony. In addition to any other penalties prescribed
by law, a person convicted of the offense of Reckless
Disposal of Hazardous Waste is subject to a fine not to
exceed $50,000 for each day of such offense.
(g) Concealment of Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Concealment of
Criminal Disposal of Hazardous Waste when he conceals,
without lawful justification, the disposal of hazardous
waste with the knowledge that such hazardous waste has
been disposed of in violation of this Act.
(2) Concealment of Criminal Disposal of a Hazardous
Waste is a Class 4 felony. In addition to any other
penalties prescribed by law, a person convicted of the
offense of Concealment of Criminal Disposal of Hazardous
Waste is subject to a fine not to exceed $50,000 for each
day of such offense.
(h) Violations; False Statements.
(1) Any person who knowingly makes a false material
statement in an application for a permit or license
required by this Act to treat, transport, store, or
dispose of hazardous waste commits the offense of perjury
and shall be subject to the penalties set forth in
Section 32-2 of the Criminal Code of 1961.
(2) Any person who knowingly makes a false material
statement or representation in any label, manifest,
record, report, permit or license, or other document
filed, maintained or used for the purpose of compliance
with this Act in connection with the generation,
disposal, treatment, storage, or transportation of
hazardous waste commits a Class 4 felony. A second or
any subsequent offense after conviction hereunder is a
Class 3 felony.
(3) Any person who knowingly destroys, alters or
conceals any record required to be made by this Act in
connection with the disposal, treatment, storage, or
transportation of hazardous waste, commits a Class 4
felony. A second or any subsequent offense after a
conviction hereunder is a Class 3 felony.
(4) Any person who knowingly makes a false material
statement or representation in any application, bill,
invoice, or other document filed, maintained, or used for
the purpose of receiving money from the Underground
Storage Tank Fund commits a Class 4 felony. A second or
any subsequent offense after conviction hereunder is a
Class 3 felony.
(5) Any person who knowingly destroys, alters, or
conceals any record required to be made or maintained by
this Act or required to be made or maintained by Board or
Agency rules for the purpose of receiving money from the
Underground Storage Tank Fund commits a Class 4 felony. A
second or any subsequent offense after a conviction
hereunder is a Class 3 felony.
(6) In addition to any other penalties prescribed
by law, a person convicted of violating this subsection
(h) is subject to a fine not to exceed $50,000 for each
day of such violation.
(i) Verification.
(1) Each application for a permit or license to
dispose of, transport, treat, store or generate hazardous
waste under this Act shall contain an affirmation that
the facts are true and are made under penalty of perjury
as defined in Section 32-2 of the Criminal Code of 1961.
It is perjury for a person to sign any such application
for a permit or license which contains a false material
statement, which he does not believe to be true.
(2) Each request for money from the Underground
Storage Tank Fund shall contain an affirmation that the
facts are true and are made under penalty of perjury as
defined in Section 32-2 of the Criminal Code of 1961. It
is perjury for a person to sign any request that contains
a false material statement that he does not believe to be
true.
(j) Violations of Other Provisions.
(1) It is unlawful for a person knowingly to
violate:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any term or condition of any Underground
Injection Control (UIC) permit;
(D) any filing requirement, regulation, or
order relating to the State Underground Injection
Control (UIC) program;
(E) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 13 of this Act;
(F) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 39 of this Act;
(G) any National Pollutant Discharge
Elimination System (NPDES) permit issued under this
Act or any term or condition of such permit;
(H) subsection (h) of Section 12 of this Act;
(I) subsection 6 of Section 39.5 of this Act;
or
(J) any provision of any regulation, standard
or filing requirement under Section 39.5 of this
Act.
(2) A person convicted of a violation of
subdivision (1) of this subsection commits a Class 4
felony, and in addition to any other penalty prescribed
by law is subject to a fine not to exceed $25,000 for
each day of such violation.
(3) A person who negligently violates the following
shall be subject to a fine not to exceed $10,000 for each
day of such violation:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 13 of this Act;
(D) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 39 of this Act;
(E) any National Pollutant Discharge
Elimination System (NPDES) permit issued under this
Act;
(F) subsection 6 of Section 39.5 of this Act;
or
(G) any provision of any regulation, standard,
or filing requirement under Section 39.5 of this
Act.
(4) It is unlawful for a person knowingly to:
(A) make any false statement, representation,
or certification in an application form, or form
pertaining to, a National Pollutant Discharge
Elimination System (NPDES) permit;
(B) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any such permit or with any discharge which is
subject to the provisions of subsection (f) of
Section 12 of this Act;
(C) make any false statement, representation,
or certification in any form, notice or report
pertaining to a CAAPP permit under Section 39.5 of
this Act;
(D) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any CAAPP permit or with any emission which is
subject to the provisions of Section 39.5 of this
Act; or
(E) violate subsection 6 of Section 39.5 of
this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement.
(5) A person convicted of a violation of
subdivision (4) of this subsection commits a Class A
misdemeanor, and in addition to any other penalties
provided by law is subject to a fine not to exceed
$10,000 for each day of violation.
(k) Criminal operation of a hazardous waste or PCB
incinerator.
(1) A person commits the offense of criminal
operation of a hazardous waste or PCB incinerator when,
in the course of operating a hazardous waste or PCB
incinerator, he knowingly and without justification
operates the incinerator (i) without an Agency permit, or
in knowing violation of the terms of an Agency permit,
and (ii) as a result of such violation, knowingly places
any person in danger of great bodily harm or knowingly
creates an immediate or long term material danger to the
public health or the environment.
(2) Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for the
first time commits a Class 4 felony and, in addition to
any other penalties prescribed by law, shall be subject
to a fine not to exceed $100,000 for each day of the
offense.
Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for a
second or subsequent time commits a Class 3 felony and,
in addition to any other penalties prescribed by law,
shall be subject to a fine not to exceed $250,000 for
each day of the offense.
(3) For the purpose of this subsection (k), the
term "hazardous waste or PCB incinerator" means a
pollution control facility at which either hazardous
waste or PCBs, or both, are incinerated. "PCBs" means any
substance or mixture of substances that contains one or
more polychlorinated biphenyls in detectable amounts.
(l) It shall be the duty of all State and local law
enforcement officers to enforce this Act and the regulations
adopted hereunder, and all such officers shall have authority
to issue citations for such violations.
(m) Any action brought under this Section shall be
brought by the State's Attorney of the county in which the
violation occurred, or by the Attorney General, and shall be
conducted in accordance with the applicable provisions of the
Code of Criminal Procedure of 1963.
(n) For an offense described in this Section, the period
for commencing prosecution prescribed by the statute of
limitations shall not begin to run until the offense is
discovered by or reported to a State or local agency having
the authority to investigate violations of this Act.
(o) In addition to any other penalties provided under
this Act, if a person is convicted of (or agrees to a
settlement in an enforcement action over) illegal dumping of
waste on the person's own property, the Attorney General, the
Agency or local prosecuting authority shall file notice of
the conviction, finding or agreement in the office of the
Recorder in the county in which the landowner lives.
(Source: P.A. 88-45; 88-668, eff. 9-16-94; 88-681, eff.
12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.