Public Act 094-0286
 		





HB0433 Enrolled
LRB094 06726 RSP 36825 b






    AN ACT concerning safety.

 
    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 Section 44 as follows:
 



    (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 any 
violation of this Act to perform
community service for not less 
than 100 hours and not more than 300 hours if
community service 
is available in the jurisdiction.
It shall be the duty of all 
State and local law-enforcement officers to
enforce such Act 
and regulations, and all such officers shall have
authority to 
issue citations for such violations.

 

    (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.


        (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) A person who knowingly and falsely certifies under 
    Section 22.48
that an industrial process  waste or pollution 
    control waste is not special
waste commits a Class 4 felony 
    for a first offense and commits a Class 3 felony
for a 
    second or subsequent offense.


        (7) In addition to any other penalties prescribed by 
    law, a person
convicted of violating this subsection (h) is 
    subject to a fine not to
exceed $50,000 for each day of 
    such violation.

 

    (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;


            (J) any provision of any regulation, standard or 
        filing requirement
under Section 39.5 of this Act; or


            (K) a provision of the Procedures for Asbestos 
        Emission Control in
subsection (c) of
Section 61.145 of 
        Title 40 of the Code of Federal Regulations; or
.
            (L) the standard for waste disposal for 
        manufacturing, fabricating, demolition, renovation, 
        and spraying operations in Section 61.150 of Title 40 
        of the Code of Federal Regulations.



        (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.

    (p) Criminal Disposal of Waste.


        (1) A person commits the offense of Criminal Disposal 
    of Waste when he or
she:


            (A) if required to have a permit under subsection 
        (d)
of Section 21 of this Act, knowingly conducts a 
        waste-storage, waste-treatment,
or
waste-disposal 
        operation in a quantity that exceeds 250 cubic feet of 
        waste
without a permit; or


            (B) knowingly conducts open dumping of waste in 
        violation of subsection
(a) of
Section 21 of this Act.


        (2) (A) A person who is convicted of a violation of 
        item (A) of
subdivision (1) of this subsection is 
        guilty of a Class 4 felony for a first
offense
and, in

        addition to any other penalties provided by law, is 
        subject to a fine not to
exceed $25,000 for each day of 
        violation.
A person who is convicted of a violation of 
        item (A) of subdivision (1) of this
subsection is 
        guilty of a Class 3 felony for a second or subsequent 
        offense
and, in addition to any other penalties 
        provided by law, is subject to a fine
not to exceed 
        $50,000 for each day of violation.


            (B) A person who is convicted of a
violation of 
        item (B) of subdivision
(1) of this subsection is 
        guilty of a Class A misdemeanor.
However, a person who 
        is convicted of a second or subsequent violation of 
        item
(B) of
subdivision (1) of this
subsection for the 
        open dumping of waste in a quantity that exceeds 250 
        cubic
feet is guilty of a Class 4 felony
and, in

        addition to any other penalties provided by law, is 
        subject to a fine not to
exceed $5,000 for each day of 
        violation.

(Source: P.A. 89-235, eff. 8-4-95; 90-219, eff. 7-25-97; 
90-344, eff.
1-1-98; 90-502, eff. 8-19-97; 90-655, eff. 
7-30-98.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.