Public Act 90-0344 of the 90th General Assembly
Public Act 90-0344
HB1736 Enrolled LRB9002404LDpk
AN ACT to amend the Environmental Protection Act by
changing Sections 21 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 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 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.
(v) Conduct any operation for the receipt, transfer,
recycling, or other management of construction or demolition
debris, clean or otherwise, without maintenance of load
tickets and other manifests reflecting receipt of the debris
from the hauler and generator of the debris. The load ticket
and manifest shall identify the hauler, generator, place of
origin of the debris, the weight and volume of the debris,
the time and date of the receipt of the debris, and the
disposition of the debris by the operator of the receiving
facility. This subsection (v) shall not apply to a public
utility as that term is defined in the Public Utilities Act,
but it shall apply to an entity that contracts with a public
utility.
(w) Conduct any generation, transportation, transfer, or
disposal of construction or demolition debris, clean or
otherwise, without the maintenance of load tickets and
manifests reflecting the transfer, disposal, or other
disposition of the debris. The load ticket and manifest
shall identify the hauler, generator, place of origin of the
debris, the weight and volume of the debris, the time and
date of the disposition of the debris, and the location,
owner, and operator of the facility to which the debris was
transferred or disposed. This subsection (w) shall not apply
to a public utility as that term is defined in the Public
Utilities Act, but it shall apply to an entity that contracts
with a public utility.
(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 5/44) (from Ch. 111 1/2, par. 1044)
Sec. 44. (a) Except as otherwise provided in this
Section, it shall be a Class A misdemeanor to violate this
Act or regulations thereunder, or any permit or term or
condition thereof, or knowingly to submit any false
information under this Act or regulations adopted thereunder,
or under any permit or term or condition thereof. A court
may, in addition to any other penalty herein imposed, order a
person convicted of any violation of open dumping of
construction debris under this Act to perform community
service for not less than 100 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 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 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 any hazardous waste without
having 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.)