(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.
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(2) Calculated Criminal Disposal of Hazardous Waste
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| 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.
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(c) Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Criminal Disposal
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| 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
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| 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.
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(d) Unauthorized Use of Hazardous Waste.
(1) A person commits the offense of Unauthorized Use
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| 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:
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(A) treats, transports, or stores any hazardous
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| waste without such permit, registration, or license;
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(B) treats, transports, or stores any hazardous
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| 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
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| which does not have a permit or license required under this Act; or
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(D) transports by vehicle any hazardous waste
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| 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
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| 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.
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(e) Unlawful Delivery of Hazardous Waste.
(1) Except as authorized by this Act or the federal
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| 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
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| 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
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| "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.
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(f) Reckless Disposal of Hazardous Waste.
(1) A person commits Reckless Disposal of Hazardous
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| 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.
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(2) Reckless Disposal of Hazardous Waste is a Class 4
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| 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.
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(g) Concealment of Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Concealment of
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| 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.
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(2) Concealment of Criminal Disposal of a Hazardous
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| 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.
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(h) Violations; False Statements.
(1) Any person who knowingly makes a false material
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| 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.
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(2) Any person who knowingly makes a false material
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| 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
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| 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
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| 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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(4.5) Any person who knowingly makes a false material
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| 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.
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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
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| 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
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| 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,
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| 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.
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(i) Verification.
(1) Each application for a permit or license to
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| 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.
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(2) Each request for money from the Underground
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| 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.
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(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
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| 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
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| filing requirement under subsection (b) of Section 13 of this Act;
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(F) any provision of any regulation, standard, or
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| filing requirement under subsection (b) of Section 39 of this Act;
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(G) any National Pollutant Discharge Elimination
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| 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;
(I) subsection 6 of Section 39.5 of this Act;
(J) any provision of any regulation, standard or
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| filing requirement under Section 39.5 of this Act;
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(K) a provision of the Procedures for Asbestos
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| Emission Control in subsection (c) of Section 61.145 of Title 40 of the Code of Federal Regulations; or
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(L) the standard for waste disposal for
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| 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
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| (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.
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(3) A person who negligently violates the following
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| 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;
(B) subsection (g) of Section 12 of this Act;
(C) any provision of any regulation, standard, or
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| filing requirement under subsection (b) of Section 13 of this Act;
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(D) any provision of any regulation, standard, or
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| filing requirement under subsection (b) of Section 39 of this Act;
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(E) any National Pollutant Discharge Elimination
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| System (NPDES) permit issued under this Act;
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(F) subsection 6 of Section 39.5 of this Act; or
(G) any provision of any regulation, standard, or
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| filing requirement under Section 39.5 of this Act.
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(4) It is unlawful for a person knowingly to:
(A) make any false statement, representation, or
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| certification in an application form, or form pertaining to, a National Pollutant Discharge Elimination System (NPDES) permit;
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(B) render inaccurate any monitoring device or
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| 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;
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(C) make any false statement, representation, or
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| certification in any form, notice, or report pertaining to a CAAPP permit under Section 39.5 of this Act;
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(D) render inaccurate any monitoring device or
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| 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
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| 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
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| (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.
(1) A person commits the offense of criminal
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| 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.
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(2) Any person who commits the offense of criminal
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| 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
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| 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.
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(3) For the purpose of this subsection (k), the term
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| "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.
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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 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
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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
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| 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
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| 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.
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(B) A person who is convicted of a violation of
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| 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.
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(q) Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Criminal Damage
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| 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.
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(2) Criminal Damage to a Public Water Supply is a
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| 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.
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(r) Aggravated Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Aggravated
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| 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.
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(2) Aggravated Criminal Damage to a Public Water
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| 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.
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(Source: P.A. 97-220, eff. 7-28-11; 97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-822, eff. 8-1-14.)
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(415 ILCS 5/44.1)
Sec. 44.1.
(a) In addition to all other civil and criminal penalties
provided by law, any person convicted of a criminal violation of this Act
or the regulations adopted thereunder shall forfeit to the State
(1) an amount equal to the value of all profits earned, savings realized,
and benefits incurred as a direct or indirect result of such violation, and
(2) any vehicle or conveyance used in the perpetration of such violation,
except as provided in subsection (b).
(b) Forfeiture of conveyances shall be subject to the following exceptions:
(1) No conveyance used by any person as a common |
| carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it is proven that the owner or other person in charge of the conveyance consented to or was privy to the covered violation.
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(2) No conveyance is subject to forfeiture under this
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| Section by reason of any covered violation which the owner proves to have been committed without his knowledge or consent.
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(3) A forfeiture of a conveyance encumbered by a bona
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| fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the covered violation.
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(c) Except as provided in subsection (d), all property subject to
forfeiture under this Section shall be seized pursuant to the order of a circuit court.
(d) Property subject to forfeiture under this Section may be seized by
the Director or any peace officer without process:
(1) if the seizure is incident to an inspection under
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| an administrative inspection warrant, or incident to the execution of a criminal search or arrest warrant;
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(2) if the property subject to seizure has been the
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| subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Act; or
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(3) if there is probable cause to believe that the
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| property is directly or indirectly dangerous to health or safety.
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(e) Property taken or detained under this Section shall not be subject
to eviction or replevin, but is deemed to be in the
custody of the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture proceedings. When
property is seized under this Act, the Director may:
(1) place the property under seal;
(2) secure the property or remove the property to a
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| place designated by him; or
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(3) require the sheriff of the county in which the
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| seizure occurs to take custody of the property and secure or remove it to an appropriate location for disposition in accordance with law.
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(f) All amounts forfeited under item (1) of subsection (a) shall be
apportioned in the following manner:
(1) 40% shall be deposited in the Hazardous Waste
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| Fund created in Section 22.2;
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(2) 30% shall be paid to the office of the Attorney
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| General or the State's Attorney of the county in which the violation occurred, whichever brought and prosecuted the action; and
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(3) 30% shall be paid to the law enforcement agency
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| which investigated the violation.
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Any funds received under this subsection (f) shall be used solely for the
enforcement of the environmental protection laws of this State.
(g) When property is forfeited under this Section the court may order:
(1) that the property shall be made available for the
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| official use of the Agency, the Office of the Attorney General, the State's Attorney of the county in which the violation occurred, or the law enforcement agency which investigated the violation, to be used solely for the enforcement of the environmental protection laws of this State;
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(2) the sheriff of the county in which the forfeiture
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| occurs to take custody of the property and remove it for disposition in accordance with law; or
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(3) the sheriff of the county in which the forfeiture
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| occurs to sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds of such sale shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs, and the balance, if any, shall be apportioned pursuant to subsection (f).
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(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)
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(415 ILCS 5/52.3-1)
Sec. 52.3-1.
Findings; purpose.
(a) The General Assembly finds that:
(1) During the last decade, considerable expertise in |
| pollution prevention, sophisticated emissions monitoring and tracking techniques, compliance auditing methods, stakeholder involvement, and innovative approaches to control pollution have been developed.
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(2) Substantial opportunities exist to reduce the
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| amount of or prevent adverse impacts from emissions or discharges of pollutants or wastes through the use of innovative and cost effective measures not currently recognized by or allowed under existing environmental laws, rules, and regulations.
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(3) There are persons regulated under this Act who
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| have demonstrated excellence and leadership in environmental compliance or stewardship or pollution prevention and, through the implementation of innovative measures, who can achieve further reductions in emissions or discharges of pollutants or wastes or continued environmental stewardship.
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(4) Current environmental laws and regulations have,
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| in some instances, resulted in burdensome transactional requirements that are unnecessarily costly and complex for regulated entities and have proven to be frustrating to the public that is concerned about environmental protection.
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(5) The goals of environmental protection will be
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| best served by promoting and evaluating the efforts of those persons who are ready to achieve measurable and verifiable pollution reductions in excess of the otherwise applicable statutory and regulatory requirements or who can demonstrate real environmental risk reduction, promote pollution prevention, foster superior environmental compliance by other persons regulated under this Act, and who can improve stakeholder involvement in environmental decision making.
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(6) The United States Environmental Protection Agency
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| is operating a program entitled "National Environmental Performance Track" 65 Federal Register 41655 (July 6, 2000) (Federal Performance Track Program) to recognize and reward businesses and public facilities that demonstrate strong environmental performance beyond current regulatory requirements. There should be a process that allows regulatory flexibility available to a participant in the Federal Performance Track Program to be also granted in the State if the participant's proposal is acceptable to the Agency.
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(7) A process for implementing and evaluating
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| innovative environmental measures on a pilot project basis should be developed and implemented in this State.
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(b) It is the purpose of this Section to create a voluntary pilot program by
which the Agency may enter into Environmental Management System Agreements with
persons regulated under this Act to implement innovative environmental measures
not otherwise recognized or allowed under existing laws and regulations of this
State if those measures:
(1) achieve emissions reductions or reductions in
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| discharges or wastes beyond the otherwise applicable statutory and regulatory requirements through pollution prevention or other suitable means; or
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(2) achieve real environmental risk reduction or
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| foster environmental compliance by other persons regulated under this Act in a manner that is clearly superior to the existing regulatory system.
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These Agreements may be executed with participants in the Federal
Performance Track Program if the provisions are acceptable to
the Agency.
(c) This program is a voluntary pilot program.
Participation is at the discretion of the Agency, and any decision by the
Agency to reject an initial proposal under this Section is not appealable. An
initial Agreement may be renewed for
appropriate time
periods if the Agency finds the Agreement continues
to
meet applicable requirements and the purposes of this Section.
(d) The Agency shall develop and make publicly available a program guidance
document regarding participation in the pilot program. A draft document shall
be distributed for review and comment by interested parties and a final
document shall be completed by December 1, 1996. At a minimum, this document
shall include the following:
(1) The approximate number of projects that the
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| Agency envisions being part of the pilot program.
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(2) The types of projects and facilities that the
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| Agency believes would be most useful to be a part of the pilot program.
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(3) A description of potentially useful environmental
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| management systems, such as ISO 14000.
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(4) A description of suitable Environmental
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| Performance Plans, including appropriate provisions or opportunities for promoting pollution prevention and sustainable development.
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(5) A description of practices and procedures to
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| ensure that performance is measurable and verifiable.
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(6) A characterization of less-preferred practices
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| that can generate adverse consequences such as multi-media pollutant transfers.
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(7) A description of suitable practices for
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| productive stakeholder involvement in project development and implementation that may include, but need not be limited to, consensus-based decision making and appropriate technical assistance.
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(e) The Agency has the authority to develop and distribute written guidance,
fact sheets, or other documents that explain, summarize, or describe programs
operated under this Act or regulations. The written guidance, fact sheets, or
other documents shall not be considered rules and shall not be subject to the
Illinois Administrative Procedure Act.
(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
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(415 ILCS 5/52.3-2)
Sec. 52.3-2.
Agency authority; scope of agreement.
(a) The Agency may enter into an initial Environmental Management System
Agreement with any person regulated under this Act to implement innovative
environmental measures that relate to or involve provisions of this Act, even
if one or more of the terms of such an Agreement would be inconsistent with an
otherwise applicable statute or regulation of this State. Participation in
this program is limited to those persons who have submitted an Environmental
Management System Agreement that is acceptable to the Agency and who are not
currently subject to enforcement action under this Act.
(b) The Agency may adopt rules to implement this Section. Without limiting the generality of this
authority, those regulations may, among other things:
(1) Specify the criteria an applicant must meet to |
| participate in this program.
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|
(2) Specify the minimum contents of a proposed
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| Environmental Management System Agreement, including, without limitation, the following:
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|
(A) requiring identification of all State and
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| federal statutes, rules, and regulations applicable to the facility;
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|
(B) requiring identification of all statutes,
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| rules, and regulations that are inconsistent with one or more terms of the proposed Environmental Management System Agreement;
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(C) requiring a statement of how the proposed
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| Environmental Management System Agreement will achieve one or more of the purposes of this Section;
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|
(D) requiring identification of those members of
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| the general public, representatives of local communities, and environmental groups who may have an interest in the Environmental Management System Agreement; and
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|
(E) requiring identification of how a participant
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| will demonstrate ongoing compliance with the terms of its Environmental Management System Agreement, which may include an evaluation of a participant's performance under the Environmental Management System Agreement by a third party acceptable to the Agency. Compliance with the Agreement shall be determined not less than annually.
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(3) Specify the procedures for review by the Agency
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| of Environmental Management System Agreements.
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(4) Specify the procedures for public participation
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| in, including notice of and comment on, Environmental Management System Agreements and stakeholder involvement in design and implementation of specific projects that are undertaken.
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(5) Specify the procedures for voluntary termination
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| of an Environmental Management System Agreement.
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|
(6) Specify the type of performance guarantee to be
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| provided by an applicant for participation in this program. The nature of the performance guarantee shall be directly related to the complexity of and environmental risk associated with the proposed Environmental Management System Agreement.
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(c) The Agency shall propose by December 31, 1996, and the Board shall
promulgate, criteria and
procedures for involuntary termination of Environmental Management System
Agreements. The Board shall complete such rulemaking no later than 180 days
after receipt of the Agency's proposal.
(d) After July 1, 2003, the Agency
may enter into an initial Environmental Management System Agreement with
any participant in the Federal Performance Track Program, in accordance with the following:
(1) The participant submits, in writing, a proposed
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| Environmental Management System Agreement to the Agency.
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(1.5) The Agency shall provide notice to the public,
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| including an opportunity for public comment and hearing in accordance with the procedures set forth in 35 Ill. Adm. Code Part 164, on each proposal filed with the Agency under this subsection (d).
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(2) The Agency shall have 120 days after the public
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| comment period, unless the participant grants an extension, to execute a proposed Environmental Management System Agreement.
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(3) Failure to execute an agreement shall be deemed a
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(4) A rejection of a proposed Environmental
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| Management System Agreement by the Agency shall not be appealable.
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(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
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