Illinois General Assembly - Full Text of HB2076
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Full Text of HB2076  101st General Assembly

HB2076eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Sections 22.59, 42, and 44 as follows:
 
6    (415 ILCS 5/22.59 new)
7    Sec. 22.59. Regulation of bisphenol A in business
8transaction paper.
9    (a) No person, firm, partnership, association, limited
10liability company, or corporation, including, but not limited
11to, a banking organization, shall distribute or use any paper
12containing bisphenol A for the making of business or banking
13records, including, but not limited to, records of receipts,
14credits, withdrawals, deposits, or credit or debit card
15transactions.
16    (b) No paper manufacturer shall produce or distribute a
17paper if its use or distribution is prohibited under subsection
18(a) of this Section.
19    (c) The manufacturer of a paper whose distribution or use
20is prohibited under subsection (a) of this Section shall:
21        (1) not replace bisphenol A with another chemical
22    compound that has been scientifically established to be a
23    known human carcinogen (as classified by the United States

 

 

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1    Environmental Protection Agency), a developmental toxin,
2    an endocrine disruptor, or a reproductive toxin;
3        (2) use the least toxic alternative chemical compound
4    to replace bisphenol A;
5        (3) provide the Agency with information on the chemical
6    compound used to replace bisphenol A; and
7        (4) not manufacture the paper until the Agency has
8    certified alternative chemical compounds to bisphenol A
9    based upon the recommendations of the Advisory Committee on
10    Least Toxic Alternatives to Bisphenol A.
11    (d) The Agency shall certify that any chemical compound
12used to replace bisphenol A in the manufacture of paper
13pursuant to subsection (c) of this Section is:
14        (1) the least toxic alternative available; and
15        (2) not a known human carcinogen, as classified by the
16    United States Environmental Protection Agency, a
17    developmental toxin, an endocrine disruptor, or a
18    reproductive toxin.
19    (e) Not less than once every calendar year, the Agency
20shall update the requirements for certification of least toxic
21alternatives to bisphenol A and provide that information to
22paper manufacturers subject to the provisions of subsection (c)
23of this Section. Furthermore, the Agency shall annually update
24its information on those chemical compounds that are known
25human carcinogens, developmental toxins, endocrine disrupters,
26or reproductive toxins, and it shall provide such information

 

 

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1to paper manufacturers subject to the provisions of subsection
2(c) of this Section. The Agency shall make all information
3compiled pursuant to subsections (d) and (e) available to the
4public on the Agency's website.
5    (f) The Agency shall investigate and determine acceptable
6methods of disposal and recycling of business transaction paper
7containing bisphenol A so as to eliminate or minimize exposure
8to bisphenol A. The Agency shall provide public notice of best
9practices for handling and disposing of that paper.
10    (g) Within 60 days after the effective date of this
11Section, the Agency shall convene an Advisory Committee on
12Least Toxic Alternatives to Bisphenol A composed of an advisory
13panel of experts for the purpose of advising the Agency on
14least toxic alternatives to bisphenol A. The names of the
15members of this Advisory Committee shall be available on the
16Agency's website.
17    (h) The members of the Advisory Committee shall be
18appointed by the Director and shall be competent, independent
19scientists who have no current or past employment or financial
20conflicts of interest with manufacturers of bisphenol A or
21products containing bisphenol A.
22    (i) Advisory Committee members shall have substantial
23experience in evaluating toxicological and epidemiological
24data on toxic chemicals, including their potential
25carcinogenic, endocrine disruptive, reproductive,
26developmental, or neurological effects. Chemicals considered

 

 

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1to be toxic shall be those likely to cause or contribute to
2acute illness or chronic impacts negatively altering human
3biological functions or ability to respond to environmental
4threats.
5    (j) The Advisory Committee shall be convened within 60 days
6after the effective date of this Section and at such times as
7the Agency seeks further recommendations or clarifications of
8current data.
9    (k) If the United States Environmental Protection Agency
10has not identified a safe, commercially available alternative
11to the use of bisphenol A in business transactions and banking
12paper on or before the effective date of this Section, then the
13prohibitions in subsections (a) and (b) of this Section shall
14not become applicable until 2 years after the effective date of
15this Section.
 
16    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
17    Sec. 42. Civil penalties.
18    (a) Except as provided in this Section, any person that
19violates any provision of this Act or any regulation adopted by
20the Board, or any permit or term or condition thereof, or that
21violates any order of the Board pursuant to this Act, shall be
22liable for a civil penalty of not to exceed $50,000 for the
23violation and an additional civil penalty of not to exceed
24$10,000 for each day during which the violation continues; such
25penalties may, upon order of the Board or a court of competent

 

 

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1jurisdiction, be made payable to the Environmental Protection
2Trust Fund, to be used in accordance with the provisions of the
3Environmental Protection Trust Fund Act.
4    (b) Notwithstanding the provisions of subsection (a) of
5this Section:
6        (1) Any person that violates Section 12(f) of this Act
7    or any NPDES permit or term or condition thereof, or any
8    filing requirement, regulation or order relating to the
9    NPDES permit program, shall be liable to a civil penalty of
10    not to exceed $10,000 per day of violation.
11        (2) Any person that violates Section 12(g) of this Act
12    or any UIC permit or term or condition thereof, or any
13    filing requirement, regulation or order relating to the
14    State UIC program for all wells, except Class II wells as
15    defined by the Board under this Act, shall be liable to a
16    civil penalty not to exceed $2,500 per day of violation;
17    provided, however, that any person who commits such
18    violations relating to the State UIC program for Class II
19    wells, as defined by the Board under this Act, shall be
20    liable to a civil penalty of not to exceed $10,000 for the
21    violation and an additional civil penalty of not to exceed
22    $1,000 for each day during which the violation continues.
23        (3) Any person that violates Sections 21(f), 21(g),
24    21(h) or 21(i) of this Act, or any RCRA permit or term or
25    condition thereof, or any filing requirement, regulation
26    or order relating to the State RCRA program, shall be

 

 

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1    liable to a civil penalty of not to exceed $25,000 per day
2    of violation.
3        (4) In an administrative citation action under Section
4    31.1 of this Act, any person found to have violated any
5    provision of subsection (o) of Section 21 of this Act shall
6    pay a civil penalty of $500 for each violation of each such
7    provision, plus any hearing costs incurred by the Board and
8    the Agency. Such penalties shall be made payable to the
9    Environmental Protection Trust Fund, to be used in
10    accordance with the provisions of the Environmental
11    Protection Trust Fund Act; except that if a unit of local
12    government issued the administrative citation, 50% of the
13    civil penalty shall be payable to the unit of local
14    government.
15        (4-5) In an administrative citation action under
16    Section 31.1 of this Act, any person found to have violated
17    any provision of subsection (p) of Section 21, Section
18    22.51, Section 22.51a, or subsection (k) of Section 55 of
19    this Act shall pay a civil penalty of $1,500 for each
20    violation of each such provision, plus any hearing costs
21    incurred by the Board and the Agency, except that the civil
22    penalty amount shall be $3,000 for each violation of any
23    provision of subsection (p) of Section 21, Section 22.51,
24    Section 22.51a, or subsection (k) of Section 55 that is the
25    person's second or subsequent adjudication violation of
26    that provision. 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 condition
9    thereof, or any fee or filing requirement, or any duty to
10    allow or carry out inspection, entry or monitoring
11    activities, or any regulation or order relating to the
12    CAAPP shall be liable for a civil penalty not to exceed
13    $10,000 per day of violation.
14        (6) Any owner or operator of a community water system
15    that violates subsection (b) of Section 18.1 or subsection
16    (a) of Section 25d-3 of this Act shall, for each day of
17    violation, be liable for a civil penalty not to exceed $5
18    for each of the premises connected to the affected
19    community water system.
20        (7) Any person who violates Section 52.5 of this Act
21    shall be liable for a civil penalty of up to $1,000 for the
22    first violation of that Section and a civil penalty of up
23    to $2,500 for a second or subsequent violation of that
24    Section.
25        (8) Any person, firm, partnership, association,
26    limited liability company, or corporation that violates

 

 

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1    subsection (a) of Section 22.59 shall, for each day of
2    violation, be liable for a civil penalty of not less than
3    $50 and not more than $200.
4        (9) Any paper manufacturer who violates subsection (b)
5    or (c) of Section 22.59 shall, for each day of violation,
6    be liable for a civil penalty of not less than $50 and not
7    more than $200.
8    (b.5) In lieu of the penalties set forth in subsections (a)
9and (b) of this Section, any person who fails to file, in a
10timely manner, toxic chemical release forms with the Agency
11pursuant to Section 25b-2 of this Act shall be liable for a
12civil penalty of $100 per day for each day the forms are late,
13not to exceed a maximum total penalty of $6,000. This daily
14penalty shall begin accruing on the thirty-first day after the
15date that the person receives the warning notice issued by the
16Agency pursuant to Section 25b-6 of this Act; and the penalty
17shall be paid to the Agency. The daily accrual of penalties
18shall cease as of January 1 of the following year. All
19penalties collected by the Agency pursuant to this subsection
20shall be deposited into the Environmental Protection Permit and
21Inspection Fund.
22    (c) Any person that violates this Act, any rule or
23regulation adopted under this Act, any permit or term or
24condition of a permit, or any Board order and causes the death
25of fish or aquatic life shall, in addition to the other
26penalties provided by this Act, be liable to pay to the State

 

 

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1an additional sum for the reasonable value of the fish or
2aquatic life destroyed. Any money so recovered shall be placed
3in the Wildlife and Fish Fund in the State Treasury.
4    (d) The penalties provided for in this Section may be
5recovered in a civil action.
6    (e) The State's Attorney of the county in which the
7violation occurred, or the Attorney General, may, at the
8request of the Agency or on his own motion, institute a civil
9action for an injunction, prohibitory or mandatory, to restrain
10violations of this Act, any rule or regulation adopted under
11this Act, any permit or term or condition of a permit, or any
12Board order, or to require such other actions as may be
13necessary to address violations of this Act, any rule or
14regulation adopted under this Act, any permit or term or
15condition of a permit, or any Board order.
16    (f) The State's Attorney of the county in which the
17violation occurred, or the Attorney General, shall bring such
18actions in the name of the people of the State of Illinois.
19Without limiting any other authority which may exist for the
20awarding of attorney's fees and costs, the Board or a court of
21competent jurisdiction may award costs and reasonable
22attorney's fees, including the reasonable costs of expert
23witnesses and consultants, to the State's Attorney or the
24Attorney General in a case where he has prevailed against a
25person who has committed a willful, knowing, or repeated
26violation of this Act, any rule or regulation adopted under

 

 

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1this Act, any permit or term or condition of a permit, or any
2Board order.
3    Any funds collected under this subsection (f) in which the
4Attorney General has prevailed shall be deposited in the
5Hazardous Waste Fund created in Section 22.2 of this Act. Any
6funds collected under this subsection (f) in which a State's
7Attorney has prevailed shall be retained by the county in which
8he serves.
9    (g) All final orders imposing civil penalties pursuant to
10this Section shall prescribe the time for payment of such
11penalties. If any such penalty is not paid within the time
12prescribed, interest on such penalty at the rate set forth in
13subsection (a) of Section 1003 of the Illinois Income Tax Act,
14shall be paid for the period from the date payment is due until
15the date payment is received. However, if the time for payment
16is stayed during the pendency of an appeal, interest shall not
17accrue during such stay.
18    (h) In determining the appropriate civil penalty to be
19imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
20(b)(5), (b)(6), or (b)(7) of this Section, the Board is
21authorized to consider any matters of record in mitigation or
22aggravation of penalty, including, but not limited to, the
23following factors:
24        (1) the duration and gravity of the violation;
25        (2) the presence or absence of due diligence on the
26    part of the respondent in attempting to comply with

 

 

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1    requirements of this Act and regulations thereunder or to
2    secure relief therefrom as provided by this Act;
3        (3) any economic benefits accrued by the respondent
4    because of delay in compliance with requirements, in which
5    case the economic benefits shall be determined by the
6    lowest cost alternative for achieving compliance;
7        (4) the amount of monetary penalty which will serve to
8    deter further violations by the respondent and to otherwise
9    aid in enhancing voluntary compliance with this Act by the
10    respondent and other persons similarly subject to the Act;
11        (5) the number, proximity in time, and gravity of
12    previously adjudicated violations of this Act by the
13    respondent;
14        (6) whether the respondent voluntarily self-disclosed,
15    in accordance with subsection (i) of this Section, the
16    non-compliance to the Agency;
17        (7) whether the respondent has agreed to undertake a
18    "supplemental environmental project", which means an
19    environmentally beneficial project that a respondent
20    agrees to undertake in settlement of an enforcement action
21    brought under this Act, but which the respondent is not
22    otherwise legally required to perform; and
23        (8) whether the respondent has successfully completed
24    a Compliance Commitment Agreement under subsection (a) of
25    Section 31 of this Act to remedy the violations that are
26    the subject of the complaint.

 

 

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1    In determining the appropriate civil penalty to be imposed
2under subsection (a) or paragraph (1), (2), (3), (5), (6), or
3(7) of subsection (b) of this Section, the Board shall ensure,
4in all cases, that the penalty is at least as great as the
5economic benefits, if any, accrued by the respondent as a
6result of the violation, unless the Board finds that imposition
7of such penalty would result in an arbitrary or unreasonable
8financial hardship. However, such civil penalty may be off-set
9in whole or in part pursuant to a supplemental environmental
10project agreed to by the complainant and the respondent.
11    (i) A person who voluntarily self-discloses non-compliance
12to the Agency, of which the Agency had been unaware, is
13entitled to a 100% reduction in the portion of the penalty that
14is not based on the economic benefit of non-compliance if the
15person can establish the following:
16        (1) that either the regulated entity is a small entity
17    or the non-compliance was discovered through an
18    environmental audit or a compliance management system
19    documented by the regulated entity as reflecting the
20    regulated entity's due diligence in preventing, detecting,
21    and correcting violations;
22        (2) that the non-compliance was disclosed in writing
23    within 30 days of the date on which the person discovered
24    it;
25        (3) that the non-compliance was discovered and
26    disclosed prior to:

 

 

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1            (i) the commencement of an Agency inspection,
2        investigation, or request for information;
3            (ii) notice of a citizen suit;
4            (iii) the filing of a complaint by a citizen, the
5        Illinois Attorney General, or the State's Attorney of
6        the county in which the violation occurred;
7            (iv) the reporting of the non-compliance by an
8        employee of the person without that person's
9        knowledge; or
10            (v) imminent discovery of the non-compliance by
11        the Agency;
12        (4) that the non-compliance is being corrected and any
13    environmental harm is being remediated in a timely fashion;
14        (5) that the person agrees to prevent a recurrence of
15    the non-compliance;
16        (6) that no related non-compliance events have
17    occurred in the past 3 years at the same facility or in the
18    past 5 years as part of a pattern at multiple facilities
19    owned or operated by the person;
20        (7) that the non-compliance did not result in serious
21    actual harm or present an imminent and substantial
22    endangerment to human health or the environment or violate
23    the specific terms of any judicial or administrative order
24    or consent agreement;
25        (8) that the person cooperates as reasonably requested
26    by the Agency after the disclosure; and

 

 

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1        (9) that the non-compliance was identified voluntarily
2    and not through a monitoring, sampling, or auditing
3    procedure that is required by statute, rule, permit,
4    judicial or administrative order, or consent agreement.
5    If a person can establish all of the elements under this
6subsection except the element set forth in paragraph (1) of
7this subsection, the person is entitled to a 75% reduction in
8the portion of the penalty that is not based upon the economic
9benefit of non-compliance.
10    For the purposes of this subsection (i), "small entity" has
11the same meaning as in Section 221 of the federal Small
12Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
13601).
14    (j) In addition to any other remedy or penalty that may
15apply, whether civil or criminal, any person who violates
16Section 22.52 of this Act shall be liable for an additional
17civil penalty of up to 3 times the gross amount of any
18pecuniary gain resulting from the violation.
19    (k) In addition to any other remedy or penalty that may
20apply, whether civil or criminal, any person who violates
21subdivision (a)(7.6) of Section 31 of this Act shall be liable
22for an additional civil penalty of $2,000.
23(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17;
24100-863, eff. 8-14-18.)
 
25    (415 ILCS 5/44)  (from Ch. 111 1/2, par. 1044)

 

 

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1    Sec. 44. Criminal acts; penalties.
2    (a) Except as otherwise provided in this Section, it shall
3be a Class A misdemeanor to violate this Act or regulations
4thereunder, or any permit or term or condition thereof, or
5knowingly to submit any false information under this Act or
6regulations adopted thereunder, or under any permit or term or
7condition thereof. A court may, in addition to any other
8penalty herein imposed, order a person convicted of any
9violation of this Act to perform community service for not less
10than 100 hours and not more than 300 hours if community service
11is available in the jurisdiction. It shall be the duty of all
12State and local law-enforcement officers to enforce such Act
13and regulations, and all such officers shall have authority to
14issue citations for such violations.
15    (b) Calculated Criminal Disposal of Hazardous Waste.
16        (1) A person commits the offense of Calculated Criminal
17    Disposal of Hazardous Waste when, without lawful
18    justification, he knowingly disposes of hazardous waste
19    while knowing that he thereby places another person in
20    danger of great bodily harm or creates an immediate or
21    long-term danger to the public health or the environment.
22        (2) Calculated Criminal Disposal of Hazardous Waste is
23    a Class 2 felony. In addition to any other penalties
24    prescribed by law, a person convicted of the offense of
25    Calculated Criminal Disposal of Hazardous Waste is subject
26    to a fine not to exceed $500,000 for each day of such

 

 

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1    offense.
2    (c) Criminal Disposal of Hazardous Waste.
3        (1) A person commits the offense of Criminal Disposal
4    of Hazardous Waste when, without lawful justification, he
5    knowingly disposes of hazardous waste.
6        (2) Criminal Disposal of Hazardous Waste is a Class 3
7    felony. In addition to any other penalties prescribed by
8    law, a person convicted of the offense of Criminal Disposal
9    of Hazardous Waste is subject to a fine not to exceed
10    $250,000 for each day of such offense.
11    (d) Unauthorized Use of Hazardous Waste.
12        (1) A person commits the offense of Unauthorized Use of
13    Hazardous Waste when he, being required to have a permit,
14    registration, or license under this Act or any other law
15    regulating the treatment, transportation, or storage of
16    hazardous waste, knowingly:
17            (A) treats, transports, or stores any hazardous
18        waste without such permit, registration, or license;
19            (B) treats, transports, or stores any hazardous
20        waste in violation of the terms and conditions of such
21        permit or license;
22            (C) transports any hazardous waste to a facility
23        which does not have a permit or license required under
24        this Act; or
25            (D) transports by vehicle any hazardous waste
26        without having in each vehicle credentials issued to

 

 

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1        the transporter by the transporter's base state
2        pursuant to procedures established under the Uniform
3        Program.
4        (2) A person who is convicted of a violation of
5    subparagraph (A), (B), or (C) of paragraph (1) of this
6    subsection is guilty of a Class 4 felony. A person who is
7    convicted of a violation of subparagraph (D) of paragraph
8    (1) of this subsection is guilty of a Class A misdemeanor.
9    In addition to any other penalties prescribed by law, a
10    person convicted of violating subparagraph (A), (B), or (C)
11    of paragraph (1) of this subsection is subject to a fine
12    not to exceed $100,000 for each day of such violation, and
13    a person who is convicted of violating subparagraph (D) of
14    paragraph (1) of this subsection is subject to a fine not
15    to exceed $1,000.
16    (e) Unlawful Delivery of Hazardous Waste.
17        (1) Except as authorized by this Act or the federal
18    Resource Conservation and Recovery Act, and the
19    regulations promulgated thereunder, it is unlawful for any
20    person to knowingly deliver hazardous waste.
21        (2) Unlawful Delivery of Hazardous Waste is a Class 3
22    felony. In addition to any other penalties prescribed by
23    law, a person convicted of the offense of Unlawful Delivery
24    of Hazardous Waste is subject to a fine not to exceed
25    $250,000 for each such violation.
26        (3) For purposes of this Section, "deliver" or

 

 

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1    "delivery" means the actual, constructive, or attempted
2    transfer of possession of hazardous waste, with or without
3    consideration, whether or not there is an agency
4    relationship.
5    (f) Reckless Disposal of Hazardous Waste.
6        (1) A person commits Reckless Disposal of Hazardous
7    Waste if he disposes of hazardous waste, and his acts which
8    cause the hazardous waste to be disposed of, whether or not
9    those acts are undertaken pursuant to or under color of any
10    permit or license, are performed with a conscious disregard
11    of a substantial and unjustifiable risk that such disposing
12    of hazardous waste is a gross deviation from the standard
13    of care which a reasonable person would exercise in the
14    situation.
15        (2) Reckless Disposal of Hazardous Waste is a Class 4
16    felony. In addition to any other penalties prescribed by
17    law, a person convicted of the offense of Reckless Disposal
18    of Hazardous Waste is subject to a fine not to exceed
19    $50,000 for each day of such offense.
20    (g) Concealment of Criminal Disposal of Hazardous Waste.
21        (1) A person commits the offense of Concealment of
22    Criminal Disposal of Hazardous Waste when he conceals,
23    without lawful justification, the disposal of hazardous
24    waste with the knowledge that such hazardous waste has been
25    disposed of in violation of this Act.
26        (2) Concealment of Criminal Disposal of a Hazardous

 

 

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1    Waste is a Class 4 felony. In addition to any other
2    penalties prescribed by law, a person convicted of the
3    offense of Concealment of Criminal Disposal of Hazardous
4    Waste is subject to a fine not to exceed $50,000 for each
5    day of such offense.
6    (h) Violations; False Statements.
7        (1) Any person who knowingly makes a false material
8    statement in an application for a permit or license
9    required by this Act to treat, transport, store, or dispose
10    of hazardous waste commits the offense of perjury and shall
11    be subject to the penalties set forth in Section 32-2 of
12    the Criminal Code of 2012.
13        (2) Any person who knowingly makes a false material
14    statement or representation in any label, manifest,
15    record, report, permit or license, or other document filed,
16    maintained, or used for the purpose of compliance with this
17    Act in connection with the generation, disposal,
18    treatment, storage, or transportation of hazardous waste
19    commits a Class 4 felony. A second or any subsequent
20    offense after conviction hereunder is a Class 3 felony.
21        (3) Any person who knowingly destroys, alters, or
22    conceals any record required to be made by this Act in
23    connection with the disposal, treatment, storage, or
24    transportation of hazardous waste commits a Class 4 felony.
25    A second or any subsequent offense after a conviction
26    hereunder is a Class 3 felony.

 

 

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1        (4) Any person who knowingly makes a false material
2    statement or representation in any application, bill,
3    invoice, or other document filed, maintained, or used for
4    the purpose of receiving money from the Underground Storage
5    Tank Fund commits a Class 4 felony. A second or any
6    subsequent offense after conviction hereunder is a Class 3
7    felony.
8        (4.5) Any person who knowingly makes a false material
9    statement or representation in any label, manifest,
10    record, report, permit or license, or other document filed,
11    maintained, or used for the purpose of compliance with
12    Title XVI of this Act commits a Class 4 felony. Any second
13    or subsequent offense after conviction hereunder is a Class
14    3 felony.
15        (5) Any person who knowingly destroys, alters, or
16    conceals any record required to be made or maintained by
17    this Act or required to be made or maintained by Board or
18    Agency rules for the purpose of receiving money from the
19    Underground Storage Tank Fund commits a Class 4 felony. A
20    second or any subsequent offense after a conviction
21    hereunder is a Class 3 felony.
22        (6) A person who knowingly and falsely certifies under
23    Section 22.48 that an industrial process waste or pollution
24    control waste is not special waste commits a Class 4 felony
25    for a first offense and commits a Class 3 felony for a
26    second or subsequent offense.

 

 

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1        (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.
5        (8) Any person who knowingly makes a false, fictitious,
6    or fraudulent material statement, orally or in writing, to
7    the Agency, or to a unit of local government to which the
8    Agency has delegated authority under subsection (r) of
9    Section 4 of this Act, related to or required by this Act,
10    a regulation adopted under this Act, any federal law or
11    regulation for which the Agency has responsibility, or any
12    permit, term, or condition thereof, commits a Class 4
13    felony, and each such statement or writing shall be
14    considered a separate Class 4 felony. A person who, after
15    being convicted under this paragraph (8), violates this
16    paragraph (8) a second or subsequent time, commits a Class
17    3 felony.
18    (i) Verification.
19        (1) Each application for a permit or license to dispose
20    of, transport, treat, store, or generate hazardous waste
21    under this Act shall contain an affirmation that the facts
22    are true and are made under penalty of perjury as defined
23    in Section 32-2 of the Criminal Code of 2012. It is perjury
24    for a person to sign any such application for a permit or
25    license which contains a false material statement, which he
26    does not believe to be true.

 

 

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1        (2) Each request for money from the Underground Storage
2    Tank Fund shall contain an affirmation that the facts are
3    true and are made under penalty of perjury as defined in
4    Section 32-2 of the Criminal Code of 2012. It is perjury
5    for a person to sign any request that contains a false
6    material statement that he does not believe to be true.
7    (j) Violations of Other Provisions.
8        (1) It is unlawful for a person knowingly to violate:
9            (A) subsection (f) of Section 12 of this Act;
10            (B) subsection (g) of Section 12 of this Act;
11            (C) any term or condition of any Underground
12        Injection Control (UIC) permit;
13            (D) any filing requirement, regulation, or order
14        relating to the State Underground Injection Control
15        (UIC) program;
16            (E) any provision of any regulation, standard, or
17        filing requirement under subsection (b) of Section 13
18        of this Act;
19            (F) any provision of any regulation, standard, or
20        filing requirement under subsection (b) of Section 39
21        of this Act;
22            (G) any National Pollutant Discharge Elimination
23        System (NPDES) permit issued under this Act or any term
24        or condition of such permit;
25            (H) subsection (h) of Section 12 of this Act;
26            (I) subsection 6 of Section 39.5 of this Act;

 

 

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1            (J) any provision of any regulation, standard or
2        filing requirement under Section 39.5 of this Act;
3            (K) a provision of the Procedures for Asbestos
4        Emission Control in subsection (c) of Section 61.145 of
5        Title 40 of the Code of Federal Regulations; or
6            (L) the standard for waste disposal for
7        manufacturing, fabricating, demolition, renovation,
8        and spraying operations in Section 61.150 of Title 40
9        of the Code of Federal Regulations.
10        (2) A person convicted of a violation of subdivision
11    (1) of this subsection commits a Class 4 felony, and in
12    addition to any other penalty prescribed by law is subject
13    to a fine not to exceed $25,000 for each day of such
14    violation.
15        (3) A person who negligently violates the following
16    shall be subject to a fine not to exceed $10,000 for each
17    day of such violation:
18            (A) subsection (f) of Section 12 of this Act;
19            (B) subsection (g) of Section 12 of this Act;
20            (C) any provision of any regulation, standard, or
21        filing requirement under subsection (b) of Section 13
22        of this Act;
23            (D) any provision of any regulation, standard, or
24        filing requirement under subsection (b) of Section 39
25        of this Act;
26            (E) any National Pollutant Discharge Elimination

 

 

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1        System (NPDES) permit issued under this Act;
2            (F) subsection 6 of Section 39.5 of this Act; or
3            (G) any provision of any regulation, standard, or
4        filing requirement under Section 39.5 of this Act.
5        (4) It is unlawful for a person knowingly to:
6            (A) make any false statement, representation, or
7        certification in an application form, or form
8        pertaining to, a National Pollutant Discharge
9        Elimination System (NPDES) permit;
10            (B) render inaccurate any monitoring device or
11        record required by the Agency or Board in connection
12        with any such permit or with any discharge which is
13        subject to the provisions of subsection (f) of Section
14        12 of this Act;
15            (C) make any false statement, representation, or
16        certification in any form, notice, or report
17        pertaining to a CAAPP permit under Section 39.5 of this
18        Act;
19            (D) render inaccurate any monitoring device or
20        record required by the Agency or Board in connection
21        with any CAAPP permit or with any emission which is
22        subject to the provisions of Section 39.5 of this Act;
23        or
24            (E) violate subsection 6 of Section 39.5 of this
25        Act or any CAAPP permit, or term or condition thereof,
26        or any fee or filing requirement.

 

 

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1        (5) A person convicted of a violation of paragraph (4)
2    of this subsection commits a Class A misdemeanor, and in
3    addition to any other penalties provided by law is subject
4    to a fine not to exceed $10,000 for each day of violation.
5    (k) Criminal operation of a hazardous waste or PCB
6incinerator.
7        (1) A person commits the offense of criminal operation
8    of a hazardous waste or PCB incinerator when, in the course
9    of operating a hazardous waste or PCB incinerator, he
10    knowingly and without justification operates the
11    incinerator (i) without an Agency permit, or in knowing
12    violation of the terms of an Agency permit, and (ii) as a
13    result of such violation, knowingly places any person in
14    danger of great bodily harm or knowingly creates an
15    immediate or long term material danger to the public health
16    or the environment.
17        (2) Any person who commits the offense of criminal
18    operation of a hazardous waste or PCB incinerator for the
19    first time commits a Class 4 felony and, in addition to any
20    other penalties prescribed by law, shall be subject to a
21    fine not to exceed $100,000 for each day of the offense.
22        Any person who commits the offense of criminal
23    operation of a hazardous waste or PCB incinerator for a
24    second or subsequent time commits a Class 3 felony and, in
25    addition to any other penalties prescribed by law, shall be
26    subject to a fine not to exceed $250,000 for each day of

 

 

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1    the offense.
2        (3) For the purpose of this subsection (k), the term
3    "hazardous waste or PCB incinerator" means a pollution
4    control facility at which either hazardous waste or PCBs,
5    or both, are incinerated. "PCBs" means any substance or
6    mixture of substances that contains one or more
7    polychlorinated biphenyls in detectable amounts.
8    (l) It shall be the duty of all State and local law
9enforcement officers to enforce this Act and the regulations
10adopted hereunder, and all such officers shall have authority
11to issue citations for such violations.
12    (m) Any action brought under this Section shall be brought
13by the State's Attorney of the county in which the violation
14occurred, or by the Attorney General, and shall be conducted in
15accordance with the applicable provisions of the Code of
16Criminal Procedure of 1963.
17    (n) For an offense described in this Section, the period
18for commencing prosecution prescribed by the statute of
19limitations shall not begin to run until the offense is
20discovered by or reported to a State or local agency having the
21authority to investigate violations of this Act.
22    (o) In addition to any other penalties provided under this
23Act, if a person is convicted of (or agrees to a settlement in
24an enforcement action over) illegal dumping of waste on the
25person's own property, the Attorney General, the Agency, or
26local prosecuting authority shall file notice of the

 

 

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1conviction, finding, or agreement in the office of the Recorder
2in the county in which the landowner lives.
3    (p) Criminal Disposal of Waste.
4        (1) A person commits the offense of Criminal Disposal
5    of Waste when he or she:
6            (A) if required to have a permit under subsection
7        (d) of Section 21 of this Act, knowingly conducts a
8        waste-storage, waste-treatment, or waste-disposal
9        operation in a quantity that exceeds 250 cubic feet of
10        waste without a permit; or
11            (B) knowingly conducts open dumping of waste in
12        violation of subsection (a) of Section 21 of this Act.
13        (2) (A) A person who is convicted of a violation of
14    subparagraph (A) of paragraph (1) of this subsection is
15    guilty of a Class 4 felony for a first offense and, in
16    addition to any other penalties provided by law, is subject
17    to a fine not to exceed $25,000 for each day of violation.
18    A person who is convicted of a violation of subparagraph
19    (A) of paragraph (1) of this subsection is guilty of a
20    Class 3 felony for a second or subsequent offense and, in
21    addition to any other penalties provided by law, is subject
22    to a fine not to exceed $50,000 for each day of violation.
23            (B) A person who is convicted of a violation of
24        subparagraph (B) of paragraph (1) of this subsection is
25        guilty of a Class A misdemeanor. However, a person who
26        is convicted of a violation of subparagraph (B) of

 

 

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1        paragraph (1) of this subsection for the open dumping
2        of waste in a quantity that exceeds 250 cubic feet or
3        that exceeds 50 waste tires is guilty of a Class 4
4        felony and, in addition to any other penalties provided
5        by law, is subject to a fine not to exceed $25,000 for
6        each day of violation.
7    (q) Criminal Damage to a Public Water Supply.
8        (1) A person commits the offense of Criminal Damage to
9    a Public Water Supply when, without lawful justification,
10    he knowingly alters, damages, or otherwise tampers with the
11    equipment or property of a public water supply, or
12    knowingly introduces a contaminant into the distribution
13    system of a public water supply so as to cause, threaten,
14    or allow the distribution of water from any public water
15    supply of such quality or quantity as to be injurious to
16    human health or the environment.
17        (2) Criminal Damage to a Public Water Supply is a Class
18    4 felony. In addition to any other penalties prescribed by
19    law, a person convicted of the offense of Criminal Damage
20    to a Public Water Supply is subject to a fine not to exceed
21    $250,000 for each day of such offense.
22    (r) Aggravated Criminal Damage to a Public Water Supply.
23        (1) A person commits the offense of Aggravated Criminal
24    Damage to a Public Water Supply when, without lawful
25    justification, he commits Criminal Damage to a Public Water
26    Supply while knowing that he thereby places another person

 

 

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1    in danger of serious illness or great bodily harm, or
2    creates an immediate or long-term danger to public health
3    or the environment.
4        (2) Aggravated Criminal Damage to a Public Water Supply
5    is a Class 2 felony. In addition to any other penalties
6    prescribed by law, a person convicted of the offense of
7    Aggravated Criminal Damage to a Public Water Supply is
8    subject to a fine not to exceed $500,000 for each day of
9    such offense.
10    (s) The provisions of this Section do not apply to
11violations of Section 22.59 of this Act.
12(Source: P.A. 97-220, eff. 7-28-11; 97-286, eff. 8-10-11;
1397-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-822, eff.
148-1-14.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.