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91_HB4767
LRB9114700ACcd
1 AN ACT to amend the Environmental Protection Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Sections 42 and 44 as follows:
6 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
7 Sec. 42. Civil penalties.
8 (a) Except as provided in this Section, any person that
9 violates any provision of this Act or any regulation adopted
10 by the Board, or any permit or term or condition thereof, or
11 that violates any determination or order of the Board
12 pursuant to this Act, shall be liable to a civil penalty of
13 not to exceed $50,000 for the violation and an additional
14 civil penalty of not to exceed $10,000 for each day during
15 which the violation continues; such penalties may, upon order
16 of the Board or a court of competent jurisdiction, be made
17 payable to the Environmental Protection Trust Fund, to be
18 used in accordance with the provisions of the Environmental
19 Protection Trust Fund Act.
20 (b) Notwithstanding the provisions of subsection (a) of
21 this Section:
22 (1) Any person that violates Section 12(f) of this
23 Act or any NPDES permit or term or condition thereof, or
24 any filing requirement, regulation or order relating to
25 the NPDES permit program, shall be liable to a civil
26 penalty of not to exceed $30,000 $10,000 per day of
27 violation.
28 (2) Any person that violates Section 12(g) of this
29 Act or any UIC permit or term or condition thereof, or
30 any filing requirement, regulation or order relating to
31 the State UIC program for all wells, except Class II
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1 wells as defined by the Board under this Act, shall be
2 liable to a civil penalty not to exceed $2,500 per day of
3 violation; provided, however, that any person who commits
4 such violations relating to the State UIC program for
5 Class II wells, as defined by the Board under this Act,
6 shall be liable to a civil penalty of not to exceed
7 $10,000 for the violation and an additional civil penalty
8 of not to exceed $1,000 for each day during which the
9 violation continues.
10 (3) Any person that violates Sections 21(f), 21(g),
11 21(h) or 21(i) of this Act, or any RCRA permit or term or
12 condition thereof, or any filing requirement, regulation
13 or order relating to the State RCRA program, shall be
14 liable to a civil penalty of not to exceed $25,000 per
15 day of violation.
16 (4) In an administrative citation action under
17 Section 31.1 of this Act, any person found to have
18 violated any provision of subsection (o) of Section 21 of
19 this Act shall pay a civil penalty of $500 for each
20 violation of each such provision, plus any hearing costs
21 incurred by the Board and the Agency. Such penalties
22 shall be made payable to the Environmental Protection
23 Trust Fund, to be used in accordance with the provisions
24 of the Environmental Protection Trust Fund Act; except
25 that if a unit of local government issued the
26 administrative citation, 50% of the civil penalty shall
27 be payable to the unit of local government.
28 (4-5) In an administrative citation action under
29 Section 31.1 of this Act, any person found to have
30 violated any provision of subsection (p) of Section 21 of
31 this Act shall pay a civil penalty of $1,500 for a first
32 offense and $3,000 for a second or subsequent offense,
33 plus any hearing costs incurred by the Board and the
34 Agency. The penalties shall be deposited into the
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1 Environmental Protection Trust Fund, to be used in
2 accordance with the provisions of the Environmental
3 Protection Trust Fund Act; except that if a unit of local
4 government issued the administrative citation, 50% of the
5 civil penalty shall be payable to the unit of local
6 government.
7 (5) Any person who violates subsection 6 of Section
8 39.5 of this Act or any CAAPP permit, or term or
9 condition thereof, or any fee or filing requirement, or
10 any duty to allow or carry out inspection, entry or
11 monitoring activities, or any regulation or order
12 relating to the CAAPP shall be liable for a civil penalty
13 not to exceed $10,000 per day of violation.
14 (b.5) In lieu of the penalties set forth in subsections
15 (a) and (b) of this Section, any person who fails to file, in
16 a timely manner, toxic chemical release forms with the Agency
17 pursuant to Section 25b-2 of this Act shall be liable for a
18 civil penalty of $100 per day for each day the forms are
19 late, not to exceed a maximum total penalty of $6,000. This
20 daily penalty shall begin accruing on the thirty-first day
21 after the date that the person receives the warning notice
22 issued by the Agency pursuant to Section 25b-6 of this Act;
23 and the penalty shall be paid to the Agency. The daily
24 accrual of penalties shall cease as of January 1 of the
25 following year. All penalties collected by the Agency
26 pursuant to this subsection shall be deposited into the
27 Environmental Protection Permit and Inspection Fund.
28 (c) Any person that violates this Act, or an order or
29 other determination of the Board under this Act and causes
30 the death of fish or aquatic life shall, in addition to the
31 other penalties provided by this Act, be liable to pay to the
32 State an additional sum for the reasonable value of the fish
33 or aquatic life destroyed. Any money so recovered shall be
34 placed in the Wildlife and Fish Fund in the State Treasury.
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1 (d) The penalties provided for in this Section may be
2 recovered in a civil action.
3 (e) The State's Attorney of the county in which the
4 violation occurred, or the Attorney General, may, at the
5 request of the Agency or on his own motion, institute a civil
6 action for an injunction to restrain violations of this Act.
7 (f) The State's Attorney of the county in which the
8 violation occurred, or the Attorney General, shall bring such
9 actions in the name of the people of the State of Illinois.
10 Without limiting any other authority which may exist for the
11 awarding of attorney's fees and costs, the Board or a court
12 of competent jurisdiction may award costs and reasonable
13 attorney's fees, including the reasonable costs of expert
14 witnesses and consultants, to the State's Attorney or the
15 Attorney General in a case where he has prevailed against a
16 person who has committed a wilful, knowing or repeated
17 violation of the Act.
18 Any funds collected under this subsection (f) in which
19 the Attorney General has prevailed shall be deposited in the
20 Hazardous Waste Fund created in Section 22.2 of this Act. Any
21 funds collected under this subsection (f) in which a State's
22 Attorney has prevailed shall be retained by the county in
23 which he serves.
24 (g) All final orders imposing civil penalties pursuant
25 to this Section shall prescribe the time for payment of such
26 penalties. If any such penalty is not paid within the time
27 prescribed, interest on such penalty at the rate set forth in
28 subsection (a) of Section 1003 of the Illinois Income Tax
29 Act, shall be paid for the period from the date payment is
30 due until the date payment is received. However, if the time
31 for payment is stayed during the pendency of an appeal,
32 interest shall not accrue during such stay.
33 (h) In determining the appropriate civil penalty to be
34 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
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1 (b)(5) of this Section, the Board is authorized to consider
2 any matters of record in mitigation or aggravation of
3 penalty, including but not limited to the following factors:
4 (1) the duration and gravity of the violation;
5 (2) the presence or absence of due diligence on the
6 part of the violator in attempting to comply with
7 requirements of this Act and regulations thereunder or to
8 secure relief therefrom as provided by this Act;
9 (3) any economic benefits accrued by the violator
10 because of delay in compliance with requirements;
11 (4) the amount of monetary penalty which will serve
12 to deter further violations by the violator and to
13 otherwise aid in enhancing voluntary compliance with this
14 Act by the violator and other persons similarly subject
15 to the Act; and
16 (5) the number, proximity in time, and gravity of
17 previously adjudicated violations of this Act by the
18 violator.
19 (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)
20 (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
21 Sec. 44. Criminal acts; penalties.
22 (a) Except as otherwise provided in this Section, it
23 shall be a Class A misdemeanor to violate this Act or
24 regulations thereunder, or any permit or term or condition
25 thereof, or knowingly to submit any false information under
26 this Act or regulations adopted thereunder, or under any
27 permit or term or condition thereof. A court may, in addition
28 to any other penalty herein imposed, order a person convicted
29 of any violation of this Act to perform community service for
30 not less than 100 hours and not more than 300 hours if
31 community service is available in the jurisdiction. It shall
32 be the duty of all State and local law-enforcement officers
33 to enforce such Act and regulations, and all such officers
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1 shall have authority to issue citations for such violations.
2 (b) Calculated Criminal Disposal of Hazardous Waste.
3 (1) A person commits the offense of Calculated
4 Criminal Disposal of Hazardous Waste when, without lawful
5 justification, he knowingly disposes of hazardous waste
6 while knowing that he thereby places another person in
7 danger of great bodily harm or creates an immediate or
8 long-term danger to the public health or the environment.
9 (2) Calculated Criminal Disposal of Hazardous Waste
10 is a Class 2 felony. In addition to any other penalties
11 prescribed by law, a person convicted of the offense of
12 Calculated Criminal Disposal of Hazardous Waste is
13 subject to a fine not to exceed $500,000 for each day of
14 such offense.
15 (c) Criminal Disposal of Hazardous Waste.
16 (1) A person commits the offense of Criminal
17 Disposal of Hazardous Waste when, without lawful
18 justification, he knowingly disposes of hazardous waste.
19 (2) Criminal Disposal of Hazardous Waste is a Class
20 3 felony. In addition to any other penalties prescribed
21 by law, a person convicted of the offense of Criminal
22 Disposal of Hazardous Waste is subject to a fine not to
23 exceed $250,000 for each day of such offense.
24 (d) Unauthorized Use of Hazardous Waste.
25 (1) A person commits the offense of Unauthorized
26 Use of Hazardous Waste when he, being required to have a
27 permit, registration, or license under this Act or any
28 other law regulating the treatment, transportation, or
29 storage of hazardous waste, knowingly:
30 (A) treats, transports, or stores any
31 hazardous waste without such permit, registration,
32 or license;
33 (B) treats, transports, or stores any
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1 hazardous waste in violation of the terms and
2 conditions of such permit or license;
3 (C) transports any hazardous waste to a
4 facility which does not have a permit or license
5 required under this Act; or
6 (D) transports by vehicle any hazardous waste
7 without having in each vehicle credentials issued to
8 the transporter by the transporter's base state
9 pursuant to procedures established under the Uniform
10 Program.
11 (2) A person who is convicted of a violation of
12 subdivision (1)(A), (1)(B) or (1)(C) of this subsection
13 is guilty of a Class 4 felony. A person who is convicted
14 of a violation of subdivision (1)(D) is guilty of a Class
15 A misdemeanor. In addition to any other penalties
16 prescribed by law, a person convicted of violating
17 subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
18 not to exceed $100,000 for each day of such violation,
19 and a person who is convicted of violating subdivision
20 (1)(D) is subject to a fine not to exceed $1,000.
21 (e) Unlawful Delivery of Hazardous Waste.
22 (1) Except as authorized by this Act or the federal
23 Resource Conservation and Recovery Act, and the
24 regulations promulgated thereunder, it is unlawful for
25 any person to knowingly deliver hazardous waste.
26 (2) Unlawful Delivery of Hazardous Waste is a Class
27 3 felony. In addition to any other penalties prescribed
28 by law, a person convicted of the offense of Unlawful
29 Delivery of Hazardous Waste is subject to a fine not to
30 exceed $250,000 for each such violation.
31 (3) For purposes of this Section, "deliver" or
32 "delivery" means the actual, constructive, or attempted
33 transfer of possession of hazardous waste, with or
34 without consideration, whether or not there is an agency
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1 relationship.
2 (f) Reckless Disposal of Hazardous Waste.
3 (1) A person commits Reckless Disposal of Hazardous
4 Waste if he disposes of hazardous waste, and his acts
5 which cause the hazardous waste to be disposed of,
6 whether or not those acts are undertaken pursuant to or
7 under color of any permit or license, are performed with
8 a conscious disregard of a substantial and unjustifiable
9 risk that such disposing of hazardous waste is a gross
10 deviation from the standard of care which a reasonable
11 person would exercise in the situation.
12 (2) Reckless Disposal of Hazardous Waste is a Class
13 4 felony. In addition to any other penalties prescribed
14 by law, a person convicted of the offense of Reckless
15 Disposal of Hazardous Waste is subject to a fine not to
16 exceed $50,000 for each day of such offense.
17 (g) Concealment of Criminal Disposal of Hazardous Waste.
18 (1) A person commits the offense of Concealment of
19 Criminal Disposal of Hazardous Waste when he conceals,
20 without lawful justification, the disposal of hazardous
21 waste with the knowledge that such hazardous waste has
22 been disposed of in violation of this Act.
23 (2) Concealment of Criminal Disposal of a Hazardous
24 Waste is a Class 4 felony. In addition to any other
25 penalties prescribed by law, a person convicted of the
26 offense of Concealment of Criminal Disposal of Hazardous
27 Waste is subject to a fine not to exceed $50,000 for each
28 day of such offense.
29 (h) Violations; False Statements.
30 (1) Any person who knowingly makes a false material
31 statement in an application for a permit or license
32 required by this Act to treat, transport, store, or
33 dispose of hazardous waste commits the offense of perjury
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1 and shall be subject to the penalties set forth in
2 Section 32-2 of the Criminal Code of 1961.
3 (2) Any person who knowingly makes a false material
4 statement or representation in any label, manifest,
5 record, report, permit or license, or other document
6 filed, maintained or used for the purpose of compliance
7 with this Act in connection with the generation,
8 disposal, treatment, storage, or transportation of
9 hazardous waste commits a Class 4 felony. A second or
10 any subsequent offense after conviction hereunder is a
11 Class 3 felony.
12 (3) Any person who knowingly destroys, alters or
13 conceals any record required to be made by this Act in
14 connection with the disposal, treatment, storage, or
15 transportation of hazardous waste, commits a Class 4
16 felony. A second or any subsequent offense after a
17 conviction hereunder is a Class 3 felony.
18 (4) Any person who knowingly makes a false material
19 statement or representation in any application, bill,
20 invoice, or other document filed, maintained, or used for
21 the purpose of receiving money from the Underground
22 Storage Tank Fund commits a Class 4 felony. A second or
23 any subsequent offense after conviction hereunder is a
24 Class 3 felony.
25 (5) Any person who knowingly destroys, alters, or
26 conceals any record required to be made or maintained by
27 this Act or required to be made or maintained by Board or
28 Agency rules for the purpose of receiving money from the
29 Underground Storage Tank Fund commits a Class 4 felony. A
30 second or any subsequent offense after a conviction
31 hereunder is a Class 3 felony.
32 (6) A person who knowingly and falsely certifies
33 under Section 22.48 that an industrial process waste or
34 pollution control waste is not special waste commits a
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1 Class 4 felony for a first offense and commits a Class 3
2 felony for a second or subsequent offense.
3 (7) In addition to any other penalties prescribed
4 by law, a person convicted of violating this subsection
5 (h) is subject to a fine not to exceed $50,000 for each
6 day of such violation.
7 (i) Verification.
8 (1) Each application for a permit or license to
9 dispose of, transport, treat, store or generate hazardous
10 waste under this Act shall contain an affirmation that
11 the facts are true and are made under penalty of perjury
12 as defined in Section 32-2 of the Criminal Code of 1961.
13 It is perjury for a person to sign any such application
14 for a permit or license which contains a false material
15 statement, which he does not believe to be true.
16 (2) Each request for money from the Underground
17 Storage Tank Fund shall contain an affirmation that the
18 facts are true and are made under penalty of perjury as
19 defined in Section 32-2 of the Criminal Code of 1961. It
20 is perjury for a person to sign any request that contains
21 a false material statement that he does not believe to be
22 true.
23 (j) Violations of Other Provisions.
24 (1) It is unlawful for a person knowingly to
25 violate:
26 (A) subsection (f) of Section 12 of this Act;
27 (B) subsection (g) of Section 12 of this Act;
28 (C) any term or condition of any Underground
29 Injection Control (UIC) permit;
30 (D) any filing requirement, regulation, or
31 order relating to the State Underground Injection
32 Control (UIC) program;
33 (E) any provision of any regulation, standard,
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1 or filing requirement under subsection (b) of
2 Section 13 of this Act;
3 (F) any provision of any regulation, standard,
4 or filing requirement under subsection (b) of
5 Section 39 of this Act;
6 (G) any National Pollutant Discharge
7 Elimination System (NPDES) permit issued under this
8 Act or any term or condition of such permit;
9 (H) subsection (h) of Section 12 of this Act;
10 (I) subsection 6 of Section 39.5 of this Act;
11 (J) any provision of any regulation, standard
12 or filing requirement under Section 39.5 of this
13 Act; or
14 (K) a provision of the Procedures for Asbestos
15 Emission Control in subsection (c) of Section 61.145
16 of Title 40 of the Code of Federal Regulations.
17 (2) A person convicted of a violation of
18 subdivision (1) of this subsection commits a Class 4
19 felony, and in addition to any other penalty prescribed
20 by law is subject to a fine not to exceed $50,000 $25,000
21 for each day of such violation.
22 (3) A person who negligently violates the following
23 shall be subject to a fine not to exceed $10,000 for each
24 day of such violation:
25 (A) subsection (f) of Section 12 of this Act;
26 (B) subsection (g) of Section 12 of this Act;
27 (C) any provision of any regulation, standard,
28 or filing requirement under subsection (b) of
29 Section 13 of this Act;
30 (D) any provision of any regulation, standard,
31 or filing requirement under subsection (b) of
32 Section 39 of this Act;
33 (E) any National Pollutant Discharge
34 Elimination System (NPDES) permit issued under this
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1 Act;
2 (F) subsection 6 of Section 39.5 of this Act;
3 or
4 (G) any provision of any regulation, standard,
5 or filing requirement under Section 39.5 of this
6 Act.
7 (4) It is unlawful for a person knowingly to:
8 (A) make any false statement, representation,
9 or certification in an application form, or form
10 pertaining to, a National Pollutant Discharge
11 Elimination System (NPDES) permit;
12 (B) render inaccurate any monitoring device or
13 record required by the Agency or Board in connection
14 with any such permit or with any discharge which is
15 subject to the provisions of subsection (f) of
16 Section 12 of this Act;
17 (C) make any false statement, representation,
18 or certification in any form, notice or report
19 pertaining to a CAAPP permit under Section 39.5 of
20 this Act;
21 (D) render inaccurate any monitoring device or
22 record required by the Agency or Board in connection
23 with any CAAPP permit or with any emission which is
24 subject to the provisions of Section 39.5 of this
25 Act; or
26 (E) violate subsection 6 of Section 39.5 of
27 this Act or any CAAPP permit, or term or condition
28 thereof, or any fee or filing requirement.
29 (5) A person convicted of a violation of
30 subdivision (4) of this subsection commits a Class A
31 misdemeanor, and in addition to any other penalties
32 provided by law is subject to a fine not to exceed
33 $30,000 $10,000 for each day of violation.
34 (k) Criminal operation of a hazardous waste or PCB
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1 incinerator.
2 (1) A person commits the offense of criminal
3 operation of a hazardous waste or PCB incinerator when,
4 in the course of operating a hazardous waste or PCB
5 incinerator, he knowingly and without justification
6 operates the incinerator (i) without an Agency permit, or
7 in knowing violation of the terms of an Agency permit,
8 and (ii) as a result of such violation, knowingly places
9 any person in danger of great bodily harm or knowingly
10 creates an immediate or long term material danger to the
11 public health or the environment.
12 (2) Any person who commits the offense of criminal
13 operation of a hazardous waste or PCB incinerator for the
14 first time commits a Class 4 felony and, in addition to
15 any other penalties prescribed by law, shall be subject
16 to a fine not to exceed $100,000 for each day of the
17 offense.
18 Any person who commits the offense of criminal
19 operation of a hazardous waste or PCB incinerator for a
20 second or subsequent time commits a Class 3 felony and,
21 in addition to any other penalties prescribed by law,
22 shall be subject to a fine not to exceed $250,000 for
23 each day of the offense.
24 (3) For the purpose of this subsection (k), the
25 term "hazardous waste or PCB incinerator" means a
26 pollution control facility at which either hazardous
27 waste or PCBs, or both, are incinerated. "PCBs" means any
28 substance or mixture of substances that contains one or
29 more polychlorinated biphenyls in detectable amounts.
30 (l) It shall be the duty of all State and local law
31 enforcement officers to enforce this Act and the regulations
32 adopted hereunder, and all such officers shall have authority
33 to issue citations for such violations.
34 (m) Any action brought under this Section shall be
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1 brought by the State's Attorney of the county in which the
2 violation occurred, or by the Attorney General, and shall be
3 conducted in accordance with the applicable provisions of the
4 Code of Criminal Procedure of 1963.
5 (n) For an offense described in this Section, the period
6 for commencing prosecution prescribed by the statute of
7 limitations shall not begin to run until the offense is
8 discovered by or reported to a State or local agency having
9 the authority to investigate violations of this Act.
10 (o) In addition to any other penalties provided under
11 this Act, if a person is convicted of (or agrees to a
12 settlement in an enforcement action over) illegal dumping of
13 waste on the person's own property, the Attorney General, the
14 Agency or local prosecuting authority shall file notice of
15 the conviction, finding or agreement in the office of the
16 Recorder in the county in which the landowner lives.
17 (p) Criminal Disposal of Waste.
18 (1) A person commits the offense of Criminal
19 Disposal of Waste when he or she:
20 (A) if required to have a permit under
21 subsection (d) of Section 21 of this Act, knowingly
22 conducts a waste-storage, waste-treatment, or
23 waste-disposal operation in a quantity that exceeds
24 250 cubic feet of waste without a permit; or
25 (B) knowingly conducts open dumping of waste
26 in violation of subsection (a) of Section 21 of this
27 Act.
28 (2) (A) A person who is convicted of a violation of
29 item (A) of subdivision (1) of this subsection is
30 guilty of a Class 4 felony for a first offense and,
31 in addition to any other penalties provided by law,
32 is subject to a fine not to exceed $25,000 for each
33 day of violation. A person who is convicted of a
34 violation of item (A) of subdivision (1) of this
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1 subsection is guilty of a Class 3 felony for a
2 second or subsequent offense and, in addition to any
3 other penalties provided by law, is subject to a
4 fine not to exceed $50,000 for each day of
5 violation.
6 (B) A person who is convicted of a violation
7 of item (B) of subdivision (1) of this subsection is
8 guilty of a Class A misdemeanor. However, a person
9 who is convicted of a second or subsequent violation
10 of item (B) of subdivision (1) of this subsection
11 for the open dumping of waste in a quantity that
12 exceeds 250 cubic feet is guilty of a Class 4 felony
13 and, in addition to any other penalties provided by
14 law, is subject to a fine not to exceed $5,000 for
15 each day of violation.
16 (Source: P.A. 89-235, eff. 8-4-95; 90-219, eff. 7-25-97;
17 90-344, eff. 1-1-98; 90-502, eff. 8-19-97; 90-655, eff.
18 7-30-98.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.