Full Text of HB0433 94th General Assembly
HB0433sam001 94TH GENERAL ASSEMBLY
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Sen. Kwame Raoul
Filed: 4/14/2005
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09400HB0433sam001 |
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LRB094 06726 RSP 42170 a |
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| AMENDMENT TO HOUSE BILL 433
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| AMENDMENT NO. ______. Amend House Bill 433 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| 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 | 9 |
| be
a Class A misdemeanor to violate this Act or
regulations | 10 |
| thereunder, or any permit or term or condition thereof, or
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| knowingly to submit any false information under this Act or | 12 |
| regulations
adopted thereunder, or under any permit or term or | 13 |
| condition thereof.
A court may, in addition to any other | 14 |
| penalty herein imposed, order a person
convicted of any | 15 |
| violation of this Act to perform
community service for not less | 16 |
| than 100 hours and not more than 300 hours if
community service | 17 |
| is available in the jurisdiction.
It shall be the duty of all | 18 |
| State and local law-enforcement officers to
enforce such Act | 19 |
| and regulations, and all such officers shall have
authority to | 20 |
| 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 | 23 |
| Disposal of
Hazardous Waste when, without lawful |
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| justification, he knowingly disposes
of hazardous waste | 2 |
| while knowing that he thereby places another
person in | 3 |
| danger of great bodily harm or creates an immediate or | 4 |
| long-term
danger to the public health or the environment.
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| (2) Calculated Criminal Disposal of Hazardous Waste is | 6 |
| a Class 2 felony.
In addition to any other penalties | 7 |
| prescribed by law, a person convicted
of the offense of | 8 |
| 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 | 10 |
| offense.
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| (c) Criminal Disposal of Hazardous Waste.
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| (1) A person commits the offense of Criminal Disposal | 13 |
| of Hazardous Waste
when, without lawful justification, he | 14 |
| knowingly disposes of hazardous waste.
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| (2) Criminal Disposal of Hazardous Waste is a Class 3 | 16 |
| felony. In addition
to any other penalties prescribed by | 17 |
| law, a person convicted of the offense
of Criminal Disposal | 18 |
| 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 | 22 |
| Hazardous Waste
when he, being required to have a permit, | 23 |
| registration, or license under
this Act or any
other law | 24 |
| regulating the treatment, transportation, or storage of | 25 |
| hazardous
waste, knowingly:
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| (A) treats, transports, or stores any hazardous | 27 |
| waste without such
permit, registration, or license;
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| (B) treats, transports, or stores any hazardous | 29 |
| waste in violation of
the terms and conditions of such | 30 |
| permit or license;
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| (C) transports any hazardous waste to a facility | 32 |
| which does not have a
permit or license required under |
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| this Act; or
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| (D) transports by vehicle any hazardous waste | 3 |
| without having in
each vehicle credentials issued to | 4 |
| the transporter by the transporter's base
state | 5 |
| pursuant to procedures established under the Uniform | 6 |
| Program.
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| (2) A person who is convicted of a violation of | 8 |
| subdivision (1)(A), (1)(B)
or (1)(C) of this subsection is | 9 |
| guilty of a Class 4 felony. A person who
is convicted of a | 10 |
| violation of subdivision (1)(D) is guilty of a Class A
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| misdemeanor. In addition to any other penalties prescribed | 12 |
| by law, a person
convicted of violating subdivision (1)(A), | 13 |
| (1)(B) or (1)(C) is subject to
a fine not to exceed | 14 |
| $100,000 for each day of such violation, and a
person who | 15 |
| is convicted of violating subdivision (1)(D) is subject to | 16 |
| 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 | 19 |
| Resource
Conservation and Recovery Act, and the | 20 |
| regulations promulgated thereunder,
it is unlawful for any | 21 |
| person to knowingly deliver hazardous waste.
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| (2) Unlawful Delivery of Hazardous Waste is a Class 3 | 23 |
| felony. In
addition to any other penalties prescribed by | 24 |
| law, a person convicted of
the offense of Unlawful Delivery | 25 |
| of Hazardous Waste is subject to a fine
not to exceed | 26 |
| $250,000 for each such violation.
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| (3) For purposes of this Section, "deliver" or | 28 |
| "delivery" means the
actual, constructive, or attempted | 29 |
| transfer of possession of hazardous
waste, with or without | 30 |
| 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 | 2 |
| Waste if he disposes
of hazardous waste, and his acts which | 3 |
| cause the hazardous waste to be disposed
of, whether or not | 4 |
| those acts are undertaken pursuant to or under color
of any | 5 |
| permit or license, are performed with a conscious disregard | 6 |
| of a
substantial and unjustifiable risk that such disposing | 7 |
| of
hazardous waste is a gross deviation from the standard | 8 |
| of care which a
reasonable person would exercise in the | 9 |
| situation.
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| (2) Reckless Disposal of Hazardous Waste is a Class 4 | 11 |
| felony. In addition
to any other penalties prescribed by | 12 |
| law, a person convicted of the offense
of Reckless Disposal | 13 |
| 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 | 17 |
| Criminal Disposal
of Hazardous Waste when he conceals, | 18 |
| without lawful justification, the disposal
of hazardous | 19 |
| 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 | 22 |
| Waste is a Class
4 felony. In addition to any other | 23 |
| penalties prescribed by law, a person
convicted of the | 24 |
| 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 | 26 |
| 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 | 29 |
| statement in an
application for a permit or license | 30 |
| required by this Act to treat, transport,
store, or dispose | 31 |
| of hazardous waste commits the offense of perjury and
shall | 32 |
| be subject to the penalties set forth in Section 32-2 of |
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| the Criminal
Code of 1961.
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| (2) Any person who knowingly makes a false material | 3 |
| statement or
representation in any label, manifest, | 4 |
| record, report, permit or license,
or other document filed, | 5 |
| maintained or used for the purpose of compliance
with this | 6 |
| Act in connection with the generation, disposal, | 7 |
| treatment,
storage, or transportation of hazardous waste | 8 |
| commits a Class 4 felony. A
second or any subsequent | 9 |
| offense after conviction hereunder is a Class 3
felony.
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| (3) Any person who knowingly destroys, alters or | 11 |
| conceals any record
required to be made by this Act in | 12 |
| connection with the disposal, treatment,
storage, or | 13 |
| transportation of hazardous waste, commits a Class 4 | 14 |
| felony.
A second or any subsequent offense after a | 15 |
| conviction hereunder is a
Class 3 felony.
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| (4) Any person who knowingly makes a false material | 17 |
| statement or
representation in any application, bill, | 18 |
| invoice, or other document filed,
maintained, or used for | 19 |
| the purpose of receiving money from the Underground
Storage | 20 |
| Tank Fund commits a Class 4 felony. A second or any | 21 |
| subsequent
offense after conviction hereunder is a Class 3 | 22 |
| felony.
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| (5) Any person who knowingly destroys, alters, or | 24 |
| conceals any record
required to be made or maintained by | 25 |
| this Act or required to be made or
maintained by Board or | 26 |
| Agency rules for the purpose of receiving money from
the | 27 |
| Underground Storage Tank Fund commits a Class 4 felony. A | 28 |
| second or any
subsequent offense after a conviction | 29 |
| hereunder is a Class 3 felony.
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| (6) A person who knowingly and falsely certifies under | 31 |
| Section 22.48
that an industrial process waste or pollution | 32 |
| control waste is not special
waste commits a Class 4 felony | 33 |
| for a first offense and commits a Class 3 felony
for a | 34 |
| second or subsequent offense.
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| (7) In addition to any other penalties prescribed by | 2 |
| law, a person
convicted of violating this subsection (h) is | 3 |
| subject to a fine not to
exceed $50,000 for each day of | 4 |
| such violation.
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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 | 8 |
| under this Act
shall contain an affirmation that the facts | 9 |
| are true and are made under
penalty of perjury as defined | 10 |
| in Section 32-2 of the Criminal Code of 1961.
It is perjury | 11 |
| 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 | 13 |
| does not believe
to be true.
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| (2) Each request for money from the Underground Storage | 15 |
| Tank Fund
shall contain an affirmation that the facts are | 16 |
| true and are made under
penalty of perjury as defined in | 17 |
| Section 32-2 of the Criminal Code of 1961.
It is perjury | 18 |
| 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 | 25 |
| Injection Control (UIC)
permit;
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| (D) any filing requirement, regulation, or order | 27 |
| relating to the State
Underground Injection Control | 28 |
| (UIC) program;
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| (E) any provision of any regulation, standard, or | 30 |
| filing requirement
under subsection (b) of Section 13 | 31 |
| of this Act;
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| (F) any provision of any regulation, standard, or |
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LRB094 06726 RSP 42170 a |
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| filing requirement
under subsection (b) of Section 39 | 2 |
| of this Act;
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| (G) any National Pollutant Discharge Elimination | 4 |
| System (NPDES) permit
issued under this Act or any term | 5 |
| 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 | 9 |
| filing requirement
under Section 39.5 of this Act; or
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| (K) a provision of the Procedures for Asbestos | 11 |
| Emission Control in
subsection (c) of
Section 61.145 of | 12 |
| Title 40 of the Code of Federal Regulations ; or
. | 13 |
| (L) the standard for waste disposal for | 14 |
| manufacturing, fabricating, demolition, renovation, | 15 |
| and spraying operations in Section 61.150 of Title 40 | 16 |
| of the Code of Federal Regulations.
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| (2) A person convicted of a violation of subdivision | 18 |
| (1) of this
subsection commits a Class 4 felony, and in | 19 |
| addition to any other penalty
prescribed by law is subject | 20 |
| to a fine not to exceed $25,000 for each day
of such | 21 |
| violation.
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| (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:
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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 | 28 |
| filing requirement
under subsection (b) of Section 13 | 29 |
| of this Act;
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| (D) any provision of any regulation, standard, or | 31 |
| filing requirement
under subsection (b) of Section 39 | 32 |
| of this Act;
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| (E) any National Pollutant Discharge Elimination | 34 |
| System (NPDES) permit
issued under this Act;
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LRB094 06726 RSP 42170 a |
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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 | 3 |
| 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 | 6 |
| certification
in an application form, or form | 7 |
| 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 | 10 |
| record required by the
Agency or Board in connection | 11 |
| with any such permit or with any discharge
which is | 12 |
| subject to the provisions of subsection (f) of Section | 13 |
| 12 of this
Act;
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| (C) make any false statement, representation, or | 15 |
| certification in any
form, notice or report pertaining | 16 |
| to a CAAPP permit under Section 39.5 of this
Act;
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| (D) render inaccurate any monitoring device or | 18 |
| record required by
the Agency or Board in connection | 19 |
| with any CAAPP permit or with any
emission which is | 20 |
| subject to the provisions of Section 39.5 of this Act; | 21 |
| or
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| (E) violate subsection 6 of Section 39.5 of this | 23 |
| Act or any CAAPP
permit, or term or condition thereof, | 24 |
| or any fee or filing requirement.
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| (5) A person convicted of a violation of subdivision | 26 |
| (4) of this
subsection commits a Class A misdemeanor, and | 27 |
| in addition to any other
penalties provided by law is | 28 |
| subject to a fine not to exceed $10,000 for
each day of | 29 |
| violation.
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| (k) Criminal operation of a hazardous waste or PCB | 31 |
| incinerator.
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| (1) A person commits the offense of criminal operation | 33 |
| of a hazardous
waste or PCB incinerator when, in the course |
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| of operating a hazardous waste
or PCB incinerator, he | 2 |
| knowingly and without justification operates
the | 3 |
| incinerator (i) without an Agency permit, or in knowing | 4 |
| violation of
the terms of an Agency permit, and (ii) as a | 5 |
| result of such violation,
knowingly places any person in | 6 |
| danger of great bodily harm or knowingly
creates an | 7 |
| immediate or long term material danger to the public health | 8 |
| or
the environment.
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| (2) Any person who commits the offense of criminal | 10 |
| operation of a
hazardous waste or PCB incinerator for the | 11 |
| first time commits a Class 4
felony and, in addition to any | 12 |
| other penalties prescribed by law, shall be
subject to a | 13 |
| fine not to exceed $100,000 for each day of the offense.
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| Any person who commits the offense of criminal | 15 |
| operation of a hazardous
waste or PCB incinerator for a | 16 |
| second or subsequent time commits a Class 3
felony and, in | 17 |
| 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 | 19 |
| the offense.
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| (3) For the purpose of this subsection (k), the term | 21 |
| "hazardous waste
or PCB incinerator" means a pollution | 22 |
| control facility at which
either hazardous waste or PCBs, | 23 |
| or both, are incinerated. "PCBs" means any
substance or | 24 |
| 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 | 27 |
| enforcement officers
to enforce this Act and the regulations | 28 |
| adopted hereunder, and all such
officers shall have authority | 29 |
| to issue citations for such violations.
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| (m) Any action brought under this Section shall be brought | 31 |
| by the
State's Attorney of the county in which the violation | 32 |
| occurred, or by the
Attorney General, and shall be conducted in | 33 |
| accordance with the applicable
provisions of the Code of | 34 |
| Criminal Procedure of 1963.
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| (n) For an offense described in this Section, the period | 2 |
| for
commencing prosecution prescribed by the statute of | 3 |
| limitations shall not
begin to run until the offense is | 4 |
| discovered by or reported to a State or
local agency having the | 5 |
| 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 | 8 |
| an enforcement
action over) illegal dumping of waste on the | 9 |
| person's own property, the
Attorney General, the Agency or | 10 |
| local prosecuting authority shall file notice
of the | 11 |
| conviction, finding or agreement in the office of the Recorder | 12 |
| 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 | 15 |
| of Waste when he or
she:
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| (A) if required to have a permit under subsection | 17 |
| (d)
of Section 21 of this Act, knowingly conducts a | 18 |
| waste-storage, waste-treatment,
or
waste-disposal | 19 |
| operation in a quantity that exceeds 250 cubic feet of | 20 |
| waste
without a permit; or
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| (B) knowingly conducts open dumping of waste in | 22 |
| 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 | 24 |
| item (A) of
subdivision (1) of this subsection is | 25 |
| guilty of a Class 4 felony for a first
offense
and, in
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| addition to any other penalties provided by law, is | 27 |
| subject to a fine not to
exceed $25,000 for each day of | 28 |
| violation.
A person who is convicted of a violation of | 29 |
| item (A) of subdivision (1) of this
subsection is | 30 |
| guilty of a Class 3 felony for a second or subsequent | 31 |
| offense
and, in addition to any other penalties | 32 |
| provided by law, is subject to a fine
not to exceed | 33 |
| $50,000 for each day of violation.
| 34 |
| (B) A person who is convicted of a
violation of |
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LRB094 06726 RSP 42170 a |
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| item (B) of subdivision
(1) of this subsection is | 2 |
| guilty of a Class A misdemeanor.
However, a person who | 3 |
| is convicted of a second or subsequent violation of | 4 |
| item
(B) of
subdivision (1) of this
subsection for the | 5 |
| open dumping of waste in a quantity that exceeds 250 | 6 |
| cubic
feet is guilty of a Class 4 felony
and, in
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| addition to any other penalties provided by law, is | 8 |
| subject to a fine not to
exceed $5,000 for each day of | 9 |
| violation.
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| (Source: P.A. 89-235, eff. 8-4-95; 90-219, eff. 7-25-97; | 11 |
| 90-344, eff.
1-1-98; 90-502, eff. 8-19-97; 90-655, eff. | 12 |
| 7-30-98.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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