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Public Act 097-0286
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| HB2001 Enrolled | LRB097 09891 JDS 50051 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 44 as follows:
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(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
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Sec. 44. Criminal acts; penalties.
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(a) Except as otherwise provided in this Section, it shall |
be
a Class A misdemeanor to violate this Act or
regulations |
thereunder, or any permit or term or condition thereof, or
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knowingly to submit any false information under this Act or |
regulations
adopted thereunder, or under any permit or term or |
condition thereof.
A court may, in addition to any other |
penalty herein imposed, order a person
convicted of any |
violation of this Act to perform
community service for not less |
than 100 hours and not more than 300 hours if
community service |
is available in the jurisdiction.
It shall be the duty of all |
State and local law-enforcement officers to
enforce such Act |
and regulations, and all such officers shall have
authority to |
issue citations for such violations.
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(b) Calculated Criminal Disposal of Hazardous Waste.
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(1) A person commits the offense of Calculated Criminal |
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Disposal of
Hazardous Waste when, without lawful |
justification, he knowingly disposes
of hazardous waste |
while knowing that he thereby places another
person in |
danger of great bodily harm or creates an immediate or |
long-term
danger to the public health or the environment.
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(2) Calculated Criminal Disposal of Hazardous Waste is |
a Class 2 felony.
In addition to any other penalties |
prescribed by law, a person convicted
of the offense of |
Calculated Criminal Disposal of Hazardous Waste is subject
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to a fine not to exceed $500,000 for each day of such |
offense.
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(c) Criminal Disposal of Hazardous Waste.
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(1) A person commits the offense of Criminal Disposal |
of Hazardous Waste
when, without lawful justification, he |
knowingly disposes of hazardous waste.
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(2) Criminal Disposal of Hazardous Waste is a Class 3 |
felony. In addition
to any other penalties prescribed by |
law, a person convicted of the offense
of Criminal Disposal |
of Hazardous Waste is subject to a fine not to exceed
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$250,000 for each day of such offense.
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(d) Unauthorized Use of Hazardous Waste.
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(1) A person commits the offense of Unauthorized Use of |
Hazardous Waste
when he, being required to have a permit, |
registration, or license under
this Act or any
other law |
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regulating the treatment, transportation, or storage of |
hazardous
waste, knowingly:
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(A) treats, transports, or stores any hazardous |
waste without such
permit, registration, or license;
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(B) treats, transports, or stores any hazardous |
waste in violation of
the terms and conditions of such |
permit or license;
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(C) transports any hazardous waste to a facility |
which does not have a
permit or license required under |
this Act; or
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(D) transports by vehicle any hazardous waste |
without having in
each vehicle credentials issued to |
the transporter by the transporter's base
state |
pursuant to procedures established under the Uniform |
Program.
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(2) A person who is convicted of a violation of |
subparagraph (A), (B), or (C) of paragraph (1) 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 |
subparagraph (D) of paragraph (1) of this subsection |
subdivision (1)(D) is guilty of a Class A
misdemeanor. In |
addition to any other penalties prescribed by law, a person
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convicted of violating subparagraph (A), (B), or (C) of |
paragraph (1) of this subsection 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 |
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is convicted of violating subparagraph (D) of paragraph (1) |
of this subsection subdivision (1)(D) is subject to a
fine |
not to exceed $1,000.
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(e) Unlawful Delivery of Hazardous Waste.
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(1) Except as authorized by this Act or the federal |
Resource
Conservation and Recovery Act, and the |
regulations promulgated thereunder,
it is unlawful for any |
person to knowingly deliver hazardous waste.
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(2) Unlawful Delivery of Hazardous Waste is a Class 3 |
felony. In
addition to any other penalties prescribed by |
law, a person convicted of
the offense of Unlawful Delivery |
of Hazardous Waste is subject to a fine
not to exceed |
$250,000 for each such violation.
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(3) For purposes of this Section, "deliver" or |
"delivery" means the
actual, constructive, or attempted |
transfer of possession of hazardous
waste, with or without |
consideration, whether or not there is an agency
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relationship.
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(f) Reckless Disposal of Hazardous Waste.
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(1) A person commits Reckless Disposal of Hazardous |
Waste if he disposes
of hazardous waste, and his acts which |
cause the hazardous waste to be disposed
of, whether or not |
those acts are undertaken pursuant to or under color
of any |
permit or license, are performed with a conscious disregard |
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of a
substantial and unjustifiable risk that such disposing |
of
hazardous waste is a gross deviation from the standard |
of care which a
reasonable person would exercise in the |
situation.
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(2) Reckless Disposal of Hazardous Waste is a Class 4 |
felony. In addition
to any other penalties prescribed by |
law, a person convicted of the offense
of Reckless Disposal |
of Hazardous Waste is subject to a fine not to exceed
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$50,000 for each day of such offense.
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(g) Concealment of Criminal Disposal of Hazardous Waste.
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(1) A person commits the offense of Concealment of |
Criminal Disposal
of Hazardous Waste when he conceals, |
without lawful justification, the disposal
of hazardous |
waste with the knowledge that such hazardous waste has been
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disposed of in violation of this Act.
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(2) Concealment of Criminal Disposal of a Hazardous |
Waste is a Class
4 felony. In addition to any other |
penalties prescribed by law, a person
convicted of the |
offense of Concealment of Criminal Disposal of Hazardous
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Waste is subject to a fine not to exceed $50,000 for each |
day of such offense.
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(h) Violations; False Statements.
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(1) Any person who knowingly makes a false material |
statement in an
application for a permit or license |
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required by this Act to treat, transport,
store, or dispose |
of hazardous waste commits the offense of perjury and
shall |
be subject to the penalties set forth in Section 32-2 of |
the Criminal
Code of 1961.
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(2) Any person who knowingly makes a false material |
statement or
representation in any label, manifest, |
record, report, permit or license,
or other document filed, |
maintained, or used for the purpose of compliance
with this |
Act in connection with the generation, disposal, |
treatment,
storage, or transportation of hazardous waste |
commits a Class 4 felony. A
second or any subsequent |
offense after conviction hereunder is a Class 3
felony.
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(3) Any person who knowingly destroys, alters, or |
conceals any record
required to be made by this Act in |
connection with the disposal, treatment,
storage, or |
transportation of hazardous waste, commits a Class 4 |
felony.
A second or any subsequent offense after a |
conviction hereunder is a
Class 3 felony.
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(4) Any person who knowingly makes a false material |
statement or
representation in any application, bill, |
invoice, or other document filed,
maintained, or used for |
the purpose of receiving money from the Underground
Storage |
Tank Fund commits a Class 4 felony. A second or any |
subsequent
offense after conviction hereunder is a Class 3 |
felony.
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(5) Any person who knowingly destroys, alters, or |
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conceals any record
required to be made or maintained by |
this Act or required to be made or
maintained by Board or |
Agency rules for the purpose of receiving money from
the |
Underground Storage Tank Fund commits a Class 4 felony. A |
second or any
subsequent offense after a conviction |
hereunder is a Class 3 felony.
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(6) A person who knowingly and falsely certifies under |
Section 22.48
that an industrial process waste or pollution |
control waste is not special
waste commits a Class 4 felony |
for a first offense and commits a Class 3 felony
for a |
second or subsequent offense.
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(7) In addition to any other penalties prescribed by |
law, a person
convicted of violating this subsection (h) is |
subject to a fine not to
exceed $50,000 for each day of |
such violation.
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(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 |
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paragraph (8) a second or subsequent time, commits a Class |
3 felony.
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(i) Verification.
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(1) Each application for a permit or license to dispose
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of, transport, treat, store, or generate hazardous waste |
under this Act
shall contain an affirmation that the facts |
are true and are made under
penalty of perjury as defined |
in Section 32-2 of the Criminal Code of 1961.
It is perjury |
for a person to sign any such application for a permit or
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license which contains a false material statement, which he |
does not believe
to be true.
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(2) Each request for money from the Underground Storage |
Tank Fund
shall contain an affirmation that the facts are |
true and are made under
penalty of perjury as defined in |
Section 32-2 of the Criminal Code of 1961.
It is perjury |
for a person to sign any request that contains a false
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material statement that he does not believe to be true.
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(j) Violations of Other Provisions.
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(1) It is unlawful for a person knowingly to violate:
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(A) subsection (f) of Section 12 of this Act;
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(B) subsection (g) of Section 12 of this Act;
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(C) any term or condition of any Underground |
Injection Control (UIC)
permit;
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(D) any filing requirement, regulation, or order |
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relating to the State
Underground Injection Control |
(UIC) program;
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(E) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 13 |
of this Act;
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(F) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 39 |
of this Act;
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(G) any National Pollutant Discharge Elimination |
System (NPDES) permit
issued under this Act or any term |
or condition of such permit;
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(H) subsection (h) of Section 12 of this Act;
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(I) subsection 6 of Section 39.5 of this Act;
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(J) any provision of any regulation, standard or |
filing requirement
under Section 39.5 of this Act;
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(K) a provision of the Procedures for Asbestos |
Emission Control in
subsection (c) of
Section 61.145 of |
Title 40 of the Code of Federal Regulations; or |
(L) the standard for waste disposal for |
manufacturing, fabricating, demolition, renovation, |
and spraying operations in Section 61.150 of Title 40 |
of the Code of Federal Regulations.
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(2) A person convicted of a violation of subdivision |
(1) of this
subsection commits a Class 4 felony, and in |
addition to any other penalty
prescribed by law is subject |
to a fine not to exceed $25,000 for each day
of such |
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violation.
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(3) A person who negligently violates the following |
shall be subject
to a fine not to exceed $10,000 for each |
day of such violation:
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(A) subsection (f) of Section 12 of this Act;
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(B) subsection (g) of Section 12 of this Act;
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(C) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 13 |
of this Act;
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(D) any provision of any regulation, standard, or |
filing requirement
under subsection (b) of Section 39 |
of this Act;
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(E) any National Pollutant Discharge Elimination |
System (NPDES) permit
issued under this Act;
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(F) subsection 6 of Section 39.5 of this Act; or
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(G) any provision of any regulation, standard, or |
filing requirement
under Section 39.5 of this Act.
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(4) It is unlawful for a person knowingly to:
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(A) make any false statement, representation, or |
certification
in an application form, or form |
pertaining to, a National Pollutant Discharge
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Elimination System (NPDES) permit;
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(B) render inaccurate any monitoring device or |
record required by the
Agency or Board in connection |
with any such permit or with any discharge
which is |
subject to the provisions of subsection (f) of Section |
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12 of this
Act;
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(C) make any false statement, representation, or |
certification in any
form, notice, or report |
pertaining to a CAAPP permit under Section 39.5 of this
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Act;
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(D) render inaccurate any monitoring device or |
record required by
the Agency or Board in connection |
with any CAAPP permit or with any
emission which is |
subject to the provisions of Section 39.5 of this Act; |
or
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(E) violate subsection 6 of Section 39.5 of this |
Act or any CAAPP
permit, or term or condition thereof, |
or any fee or filing requirement.
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(5) A person convicted of a violation of paragraph |
subdivision (4) of this
subsection commits a Class A |
misdemeanor, and in addition to any other
penalties |
provided by law is subject to a fine not to exceed $10,000 |
for
each day of violation.
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(k) Criminal operation of a hazardous waste or PCB |
incinerator.
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(1) A person commits the offense of criminal operation |
of a hazardous
waste or PCB incinerator when, in the course |
of operating a hazardous waste
or PCB incinerator, he |
knowingly and without justification operates
the |
incinerator (i) without an Agency permit, or in knowing |
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violation of
the terms of an Agency permit, and (ii) as a |
result of such violation,
knowingly places any person in |
danger of great bodily harm or knowingly
creates an |
immediate or long term material danger to the public health |
or
the environment.
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(2) Any person who commits the offense of criminal |
operation of a
hazardous waste or PCB incinerator for the |
first time commits a Class 4
felony and, in addition to any |
other penalties prescribed by law, shall be
subject to a |
fine not to exceed $100,000 for each day of the offense.
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Any person who commits the offense of criminal |
operation of a hazardous
waste or PCB incinerator for a |
second or subsequent time commits a Class 3
felony and, in |
addition to any other penalties prescribed by law, shall be
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subject to a fine not to exceed $250,000 for each day of |
the offense.
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(3) For the purpose of this subsection (k), the term |
"hazardous waste
or PCB incinerator" means a pollution |
control facility at which
either hazardous waste or PCBs, |
or both, are incinerated. "PCBs" means any
substance or |
mixture of substances that contains one or more
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polychlorinated biphenyls in detectable amounts.
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(l) It shall be the duty of all State and local law |
enforcement officers
to enforce this Act and the regulations |
adopted hereunder, and all such
officers shall have authority |
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to issue citations for such violations.
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(m) Any action brought under this Section shall be brought |
by the
State's Attorney of the county in which the violation |
occurred, or by the
Attorney General, and shall be conducted in |
accordance with the applicable
provisions of the Code of |
Criminal Procedure of 1963.
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(n) For an offense described in this Section, the period |
for
commencing prosecution prescribed by the statute of |
limitations shall not
begin to run until the offense is |
discovered by or reported to a State or
local agency having the |
authority to investigate violations of this Act.
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(o) In addition to any other penalties provided under this
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Act, if a person is convicted of (or agrees to a settlement in |
an enforcement
action over) illegal dumping of waste on the |
person's own property, the
Attorney General, the Agency, or |
local prosecuting authority shall file notice
of the |
conviction, finding, or agreement in the office of the Recorder |
in the
county in which the landowner lives.
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(p) Criminal Disposal of Waste.
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(1) A person commits the offense of Criminal Disposal |
of Waste when he or
she:
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(A) if required to have a permit under subsection |
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(d)
of Section 21 of this Act, knowingly conducts a |
waste-storage, waste-treatment,
or
waste-disposal |
operation in a quantity that exceeds 250 cubic feet of |
waste
without a permit; or
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(B) knowingly conducts open dumping of waste in |
violation of subsection
(a) of
Section 21 of this Act.
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(2) (A) A person who is convicted of a violation of |
subparagraph item (A) of
paragraph subdivision (1) of this |
subsection is guilty of a Class 4 felony for a first
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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 item (A) of paragraph subdivision (1) of |
this
subsection is guilty of a Class 3 felony for a second |
or subsequent offense
and, in addition to any other |
penalties provided by law, is subject to a fine
not to |
exceed $50,000 for each day of violation.
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(B) A person who is convicted of a
violation of |
subparagraph item (B) of paragraph subdivision
(1) of |
this subsection is guilty of a Class A misdemeanor.
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However, a person who is convicted of a second or |
subsequent violation of subparagraph item
(B) of
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paragraph subdivision (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 |