Public Act 098-0822
 
SB2657 EnrolledLRB098 15828 MGM 50870 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 

    (30 ILCS 105/5.250 rep.)

    Section 2. The State Finance Act is amended  by repealing 
Section 5.250.
 
    Section 3. The Solid Waste Site Operator Certification Law 
is amended  by changing Section 1011 as follows:
 



    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)



    Sec. 1011. Fees. 

    (a) Fees for the issuance or renewal of a Solid
Waste Site 
Operator Certificate shall be as follows:


        (1)(A) $400 for issuance or renewal for Class A Solid 
    Waste Site
Operators; (B) $200 for issuance or renewal for 
    Class B Solid Waste Site
Operators; and (C) $100 for 
    issuance or renewal for special waste endorsements.


        (2) If the fee for renewal is not paid within the grace 
    period the
above fees for renewal shall each be increased 
    by $50.

    (b) Before the effective date of this amendatory Act of the 
98th General Assembly, all All fees collected by the Agency 
under this Section shall be
deposited into the Hazardous Waste 
Occupational Licensing Fund.  The Agency
is authorized to use 
monies in the Hazardous Waste Occupational Licensing Fund to 
perform its functions, powers,
and duties under this Section.

    On and after the effective date of this amendatory Act of 
the 98th General Assembly, all fees collected by the Agency 
under this Section shall be deposited into the Environmental 
Protection Permit and Inspection Fund to be used in accordance 
with the provisions of subsection (a) of Section 22.8 of the 
Environmental Protection Act. 
(Source: P.A. 86-1363.)

 
    Section 5. The Environmental Protection Act is amended  by 
changing Sections 22.8, 37, and 44 as follows:
 



    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)



    Sec. 22.8. Environmental Protection Permit and Inspection 
Fund. 

    (a) There is hereby created in the State Treasury a special 
fund to be known
as the Environmental Protection Permit and 
Inspection Fund. All fees collected
by the Agency pursuant to 
this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), 
56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act 
or pursuant to Section 22 of the Public Water Supply Operations 
Act or Section 1011 of the Solid Waste Site Operator 
Certification Law, as well as
and funds collected under 
subsection (b.5) of Section 42 of this Act
shall be deposited 
into the Fund. In addition to any monies appropriated
from the 
General Revenue Fund, monies in the Fund shall be appropriated

by the General Assembly to the Agency in amounts deemed 
necessary for
manifest, permit, and inspection activities and 
for performing its functions, powers, and duties under the 
Solid Waste Site Operator Certification Law processing 
requests
under Section 22.2 (j)(6)(E)(v)(IV).

    The General Assembly may appropriate monies in the Fund 
deemed necessary
for Board regulatory and adjudicatory 
proceedings.

    (a-5) As soon as practicable after the effective date of 
this amendatory Act of the 98th General Assembly, but no later 
than January 1, 2014, the State Comptroller shall direct and 
the State Treasurer shall transfer all monies in the Industrial 
Hygiene Regulatory and Enforcement Fund to the Environmental 
Protection Permit and Inspection Fund to be used in accordance 
with the terms of the Environmental Protection Permit and 
Inspection Fund. 
    (a-6) As soon as practicable after the effective date of 
this amendatory Act of the 98th General Assembly, but no later 
than December 31, 2014, the State Comptroller shall order the 
transfer of, and the State Treasurer shall transfer, all moneys 
in the Hazardous Waste Occupational Licensing Fund into the 
Environmental Protection Permit and Inspection Fund to be used 
in accordance with the terms of the Environmental Protection 
Permit and Inspection Fund. 
    (b) The Agency shall collect from the
owner or operator of 
any of the following types of hazardous waste disposal
sites or 
management facilities which require a RCRA permit under 
subsection
(f) of Section 21 of this Act, or a UIC permit under 
subsection (g) of Section
12 of this Act, an annual fee in the 
amount of:


        (1) $35,000 ($70,000 beginning in 2004)
for a hazardous 
    waste disposal site receiving hazardous
waste if the 
    hazardous waste disposal site is located off the site where

    such waste was produced;


        (2) $9,000 ($18,000 beginning in 2004)
for a hazardous 
    waste disposal site receiving hazardous waste
if the 
    hazardous waste disposal site is located on the site where 
    such
waste was produced;


        (3) $7,000 ($14,000 beginning in 2004)
for a hazardous 
    waste disposal site receiving hazardous waste
if the 
    hazardous waste disposal site is an underground injection 
    well;


        (4) $2,000 ($4,000 beginning in 2004)
for a hazardous 
    waste management facility treating
hazardous waste by 
    incineration;


        (5) $1,000 ($2,000 beginning in 2004)
for a hazardous 
    waste management facility treating hazardous
waste by a 
    method, technique or process other than incineration;


        (6) $1,000 ($2,000 beginning in 2004)
for a hazardous 
    waste management facility storing hazardous
waste in a 
    surface impoundment or pile;


        (7) $250 ($500 beginning in 2004)
for a hazardous waste 
    management facility storing hazardous
waste other than in a 
    surface impoundment or pile; and


        (8) Beginning in 2004, $500 for a large quantity 
    hazardous waste
generator required to submit an annual or 
    biennial report for hazardous waste
generation.

    (c) Where two or more operational units are located within 
a single
hazardous waste disposal site, the Agency shall 
collect from the owner or
operator of such site an annual fee 
equal to the highest fee imposed by
subsection (b) of this 
Section upon any single operational unit within the
site.

    (d) The fee imposed upon a hazardous waste disposal site 
under this
Section shall be the exclusive permit and inspection 
fee applicable to
hazardous waste disposal at such site, 
provided that nothing in this
Section shall be construed to 
diminish or otherwise affect any fee imposed
upon the owner or 
operator of a hazardous waste disposal site by Section 22.2.

    (e) The Agency shall establish procedures, no later than 
December 1,
1984, relating to the collection of the hazardous 
waste disposal site
fees authorized by this Section. Such 
procedures shall include, but not be
limited to the time and 
manner of payment of fees to the Agency, which
shall be 
quarterly, payable at the beginning of each quarter for 
hazardous
waste disposal site fees. Annual fees required under 
paragraph (7) of
subsection (b) of this Section shall accompany 
the annual report required
by Board regulations for the 
calendar year for which the report applies.

    (f) For purposes of this Section, a hazardous waste 
disposal site
consists of one or more of the following 
operational units:


        (1) a landfill receiving hazardous waste for disposal;


        (2) a waste pile or surface impoundment, receiving 
    hazardous waste, in
which residues which exhibit any of the 
    characteristics of hazardous waste
pursuant to Board 
    regulations are reasonably expected to remain after 
    closure;


        (3) a land treatment facility receiving hazardous 
    waste; or


        (4) a well injecting hazardous waste.

    (g) The Agency shall assess a fee for each manifest 
provided by the
Agency.  For manifests provided on or after 
January 1, 1989 but before July 1,
2003, the fee shall be $1 
per manifest.  For manifests provided on or after
July 1, 2003, 
the fee shall be $3 per manifest.

(Source: P.A. 98-78, eff. 7-15-13.)

 



    (415 ILCS 5/37)  (from Ch. 111 1/2, par. 1037)



    Sec. 37. Variances; procedures. 

    (a) Any person seeking a variance pursuant to subsection

(a) of Section 35 shall do so by filing a petition for variance 
with the
Board and providing a copy of the petition to the 
Agency.  Any person filing such a petition shall (i) pay a

filing fee, (ii) .  The Agency shall promptly give written notice 
of such
petition to any person in the county in which the 
installation or property
for which variance is sought is 
located who has filed with the Board a written request for in 
writing requested notice
of variance petitions, the State's 
attorney of such county, the Chairman of
the County Board of 
such county, and to each member of the General Assembly
from 
the legislative district in which that installation or property 
is
located, and (iii) shall publish a single notice of such 
petition in a newspaper
of general circulation in such county.  
The notices required by this Section
shall be in a format 
prescribed by the Board and shall include the street address, 
and if there is no street address then
the legal description or 
the location with reference to any well known
landmark, 
highway, road, thoroughfare or intersection.

    The Agency shall promptly investigate such petition and 
consider the views
of persons who might be adversely affected 
by the grant of a variance.
The Agency shall make a 
recommendation to the Board as to the
disposition of the 
petition.  If the Board, in its discretion, concludes
that a 
hearing would be advisable, or if the Agency or any other 
person
files a written objection to the grant of such variance 
within 21 days,
together with a written request for hearing, 
then a hearing shall be
held, under the rules prescribed in 
Sections 32 and 33 (a) of this Act,
and the burden of proof 
shall be on the petitioner.

    (b) Any person seeking a provisional variance pursuant to 
subsection
(b) of Section 35 shall make a request to the 
Agency.  The Agency shall
promptly investigate and consider the 
merits of the request.
If the Agency fails to take final action 
within 30 days after receipt of
the request for a provisional 
variance, or if the Agency denies the
request, the person may 
initiate a proceeding with the Board under
subsection (a) of 
Section 35.

    If the Agency grants a  provisional variance, the Agency 
must promptly
file a copy of its written decision with the 
Board, and shall
give prompt notice of its action to the public 
by issuing a press release for
distribution to newspapers of 
general circulation in the county.  The Board
must maintain for 
public inspection copies of all provisional variances filed

with it by the Agency.

(Source: P.A. 93-152, eff. 7-10-03.)

 



    (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 
    subparagraph (A), (B), or (C) of paragraph (1) of this 
    subsection is guilty of a Class 4 felony.  A person who
is 
    convicted of a violation of subparagraph (D) of paragraph 
    (1) of this subsection is guilty of a Class A
misdemeanor.  
    In addition to any other penalties prescribed by law, a 
    person
convicted of violating subparagraph (A), (B), or (C) 
    of paragraph (1) of this subsection is subject to
a fine 
    not to exceed $100,000 for each day of such violation, and 
    a
person who is convicted of violating subparagraph (D) of 
    paragraph (1) of this subsection 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 2012.


        (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.

        (4.5) 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 
    Title XVI of this Act commits a Class 4 felony. Any second 
    or 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.
 
        (8) Any person who knowingly makes a false, fictitious, 
    or fraudulent material statement, orally or in writing, to 
    the Agency, or to a unit of local government to which the 
    Agency has delegated authority under subsection (r) of 
    Section 4 of this Act, related to or required by this Act, 
    a regulation adopted under this Act, any federal law or 
    regulation for which the Agency has responsibility, or any 
    permit, term, or condition thereof, commits a Class 4 
    felony, and each such statement or writing shall be 
    considered a separate Class 4 felony.  A person who, after 
    being convicted under this paragraph (8), violates this 
    paragraph (8) a second or subsequent time, commits a Class 
    3 felony. 
 

    (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 2012.
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 2012.
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;


            (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 paragraph (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 
    subparagraph (A) of
paragraph (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 subparagraph 
    (A) of paragraph (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 
        subparagraph (B) of paragraph
(1) of this subsection is 
        guilty of a Class A misdemeanor.
However, a person who 
        is convicted of a violation of subparagraph
(B) of

        paragraph (1) of this
subsection for the open dumping 
        of waste in a quantity that exceeds 250 cubic
feet or 
        that exceeds 50 waste tires 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 $25,000 for 
        each day of violation.

 
    (q) Criminal Damage to a Public Water Supply.
        (1) A person commits the offense of Criminal Damage to 
    a Public Water Supply when, without lawful justification, 
    he knowingly alters, damages, or otherwise tampers with the 
    equipment or property of a public water supply, or 
    knowingly introduces a contaminant into the distribution 
    system of a public water supply so as to cause, threaten, 
    or allow the distribution of water from any public water 
    supply of such quality or quantity as to be injurious to 
    human health or the environment.
        (2) Criminal Damage to a Public Water Supply is a Class 
    4 felony.  In addition to any other penalties prescribed by 
    law, a person convicted of the offense of Criminal Damage 
    to a Public Water Supply is subject to a fine not to exceed 
    $250,000 for each day of such offense.
 
    (r) Aggravated Criminal Damage to a Public Water Supply.
        (1) A person commits the offense of Aggravated Criminal 
    Damage to a Public Water Supply when, without lawful 
    justification, he commits Criminal Damage to a Public Water 
    Supply while knowing that he thereby places another person 
    in danger of serious illness or great bodily harm, or 
    creates an immediate or long-term danger to public health 
    or the environment.
        (2) Aggravated Criminal Damage to a Public Water Supply 
    is a Class 2 felony.  In addition to any other penalties 
    prescribed by law, a person convicted of the offense of 
    Aggravated Criminal Damage to a Public Water Supply is 
    subject to a fine not to exceed $500,000 for each day of 
    such offense. 
(Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; 
97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. 
1-25-13.)

  
 

    (415 ILCS 5/57.17 rep.)

    Section 8. The Environmental Protection Act is amended  by 
repealing Section 57.17.
 
    Section 10. The Public Water Supply Operations Act is 
amended  by changing Sections 1 and 13 and  by adding Section 5.1 
as follows:
 



    (415 ILCS 45/1)  (from Ch. 111 1/2, par. 501)



    Sec. 1. 
(1) In order to safeguard the health and well-being 
well being of the
populace, every community water supply in 
Illinois shall have on its
operational staff at least one 
natural person certified as competent as
a water supply 
operator under the provisions of this Act.

    Except for exempt community water supplies as specified in 
Section 9.1 of
this Act, all portions of a community water 
supply system shall be under the
direct supervision of a 
properly certified community water supply operator.

    (2) The following class requirements apply:


        (a) Each Class A community water supply which includes 
    coagulation, lime
softening, or sedimentation as a part of 
    its primary treatment shall have in
its employ at least one 
    natural person certified as competent as a Class A

    community water supply operator.  This includes all surface 
    water community
water supplies.


        (b) Each Class B community water supply which includes 
    filtration, aeration and
filtration, or ion exchange 
    equipment as a part of its primary treatment
shall have in 
    its employ at least one natural person certified as 
    competent
as a Class B or Class A community water supply 
    operator.


        (c) Each Class C community water supply which utilizes 
    chemical feeding only
shall have in its employ at least one 
    natural person certified as competent
as a Class C, Class 
    B, or Class A community water supply operator.


        (d) Each Class D community water supply in which the 
    facilities are limited to
pumpage, storage, or 
    distribution shall have in its employ at least one
natural 
    person certified as competent as a Class D, Class C, Class 
    B, or
Class A community water supply operator.

    (2.5) The Agency may adopt rules that classify or 
reclassify community water supplies as Class A, Class B, Class 
C, or Class D community water supplies. A community water 
supply that cannot be clearly classified under Section 5.1 or 
Agency rules shall grouped
according to this Section will be 
considered individually and
designated, in writing, by the 
Agency, as a Class A, Class B, Class C, or Class D community 
water supply within one of the above groups by the Agency. 
Classifications made under this subsection (2.5) shall  This

determination will be based on the nature of the community 
water
supply and on the education and experience necessary to 
operate it.

      (3) A community water supply may satisfy the requirements 
of this
Section by contracting the services of a properly 
qualified certified operator
of the required class or higher, 
as specified in subsection (2).  A
written agreement to this 
effect must be on file with the Agency certifying
that such an 
agreement exists, and delegating responsibility and authority

to the contracted party. This written agreement shall be signed 
by both the
certified operator to be contracted and the 
responsible community water
supply owner or official custodian 
and must be approved in writing by the
Agency.

(Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16, 
eff.
6-28-01.)

 
    (415 ILCS 45/5.1 new)
    Sec. 5.1. Class definitions. Except as otherwise provided 
by Agency rules adopted pursuant to subsection (2.5) of Section 
1 of this Act:
    "Class A community water supply" means (i) any surface 
water community water supply and (ii) any community water 
supply that includes coagulation, lime softening, ultraviolet 
disinfection, membrane filtration, or sedimentation as a part 
of its primary treatment.
    "Class B community water supply" means any community water 
supply that includes filtration (other than membrane 
filtration), aeration and filtration (other than membrane 
filtration), or ion exchange equipment as a part of its primary 
treatment.
    "Class C community water supply" means any community water 
supply that uses chemical feeding as its only form of 
treatment.
    "Class D community water supply" means any community water 
supply that has only pumpage, storage, or distribution 
facilities. 
 



    (415 ILCS 45/13)  (from Ch. 111 1/2, par. 513)



    Sec. 13. 
Community Water Supply Operators shall be 
certified in accordance with the
following classifications:

    (a) A "Class A" Water Supply Operator Certificate shall be 
issued to
those persons who, in accordance with the provisions 
of Sections 1 through
23 of this Act, demonstrate the necessary 
skills, knowledge, ability, and
judgment that are necessary to 
operate a Class A community water supply in a manner that will 
provide safe, potable water for human consumption, as well as 
the skills, knowledge, ability, and judgment necessary to 
operate Class B, Class C, and Class D community water supplies 
of the chemical,
biological, and physical sciences essential to 
the practical mechanics of
coagulation, lime softening, and 
sedimentation, and distribution in a
manner that which will 
provide safe, potable water for human consumption. This

includes all surface water community water supplies.  The 
operators
will also demonstrate the necessary skills, 
knowledge, ability, and judgment
of the treatment processes

outlined in Sections 13 (b),
13 (c), and 13 (d) of this Act.

    (b) A "Class B" Water Supply Operator Certificate shall be 
issued to
those persons who, in accordance with the provisions 
of Section 1 through
23 of this Act, demonstrate the necessary 
skills, knowledge, ability, and
judgment that are necessary to 
operate a Class B community water supply in a manner that will 
provide safe, potable water for human consumption, as well as 
the skills, knowledge, ability, and judgment necessary to 
operate Class C and Class D community water supplies of the 
chemical,
biological, and physical sciences essential to the 
practical mechanics of
filtration, aeration and filtration, 
and ion exchange systems, and
distribution in a manner that 
which will provide safe, potable water for human
consumption. 
The operators will also demonstrate the necessary
skills, 
knowledge, ability, and judgment of the treatment processes 
outlined in
Sections 13 (c) and 13 (d) of this Act.

    (c) A "Class C" Water Supply Operator Certificate shall be 
issued to
those persons who, in accordance with the provisions 
of Sections 1 through
23 of this Act, demonstrate the necessary 
skills, knowledge, ability, and
judgment that are necessary to 
operate a Class C community water supply in a manner that will 
provide safe, potable water for human consumption, as well as 
the skills, knowledge, ability, and judgment necessary to 
operate a Class D community water supply of the chemical,

biological, and physical sciences essential to the practical 
mechanics of
chemical feeding and disinfection and 
distribution in a manner that which will
provide safe, potable 
water for human consumption. The operators
will also 
demonstrate the necessary skills, knowledge, ability, and 
judgment
of the treatment processes outlined in Section 13 (d) 
of this Act.

    (d) A "Class D" Water Supply Operator Certificate shall be 
issued to
those persons who, in accordance with the provisions 
of Sections 1 through
23 of this Act, demonstrate the necessary 
skills, knowledge, ability, and
judgment that are necessary to 
operate a Class D community water supply of the chemical,

biological, and physical sciences essential to the practical 
mechanics of
pumpage, storage, and distribution in a manner 
that which will provide safe,
potable water for human 
consumption.

(Source: P.A. 91-84, eff. 7-9-99.)

 
    (525 ILCS 25/10 rep.)
    Section 30. The Illinois Lake Management Program Act is 
amended  by repealing Section 10.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law, except that Section 2 takes effect on January 1, 
2015.