State of Illinois
90th General Assembly
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[ House Amendment 007 ]

90_SB0968eng

      415 ILCS 5/21             from Ch. 111 1/2, par. 1021
      415 ILCS 5/33             from Ch. 111 1/2, par. 1033
      415 ILCS 5/44             from Ch. 111 1/2, par. 1044
          Amends the Environmental Protection Act.   Provides  that
      no  person  shall  conduct  an  operation  for  the  receipt,
      transfer,  recycling,  or  other  management  of construction
      debris  without  maintenance  of  load  tickets   and   other
      manifests  reflecting  receipt  of the debris from the hauler
      and generator of the debris.  Provides that no  person  shall
      conduct  any  generation,  transportation, or transfer of any
      construction or demolition debris without the maintenance  of
      load tickets and manifests reflecting the transfer, disposal,
      or other disposition of the debris. Provides that between 100
      and  300  hours  of  community  service  may  be  imposed, if
      available in the jurisdiction, upon a person who violates any
      provision of the Act.
                                                     LRB9002396LDdv
SB968 Engrossed                                LRB9002396LDdv
 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Sections 21, 33, and 44.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Environmental Protection Act  is  amended
 6    by changing Sections 21, 33, and 44 as follows:
 7        (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
 8        Sec. 21.  No person shall:
 9        (a)  Cause or allow the open dumping of any waste.
10        (b)  Abandon,  dump, or deposit any waste upon the public
11    highways or other  public  property,  except  in  a  sanitary
12    landfill  approved  by  the  Agency  pursuant  to regulations
13    adopted by the Board.
14        (c)  Abandon any vehicle in violation of  the  "Abandoned
15    Vehicles  Amendment to the Illinois Vehicle Code", as enacted
16    by the 76th General Assembly.
17        (d)  Conduct  any  waste-storage,   waste-treatment,   or
18    waste-disposal operation:
19             (1)  without  a  permit  granted by the Agency or in
20        violation of  any  conditions  imposed  by  such  permit,
21        including  periodic  reports  and full access to adequate
22        records and the  inspection  of  facilities,  as  may  be
23        necessary  to  assure  compliance  with this Act and with
24        regulations and standards adopted  thereunder;  provided,
25        however,  that, except for municipal solid waste landfill
26        units that receive waste on or after October 9, 1993,  no
27        permit  shall be required for (i) any person conducting a
28        waste-storage,   waste-treatment,    or    waste-disposal
29        operation  for  wastes  generated  by  such  person's own
30        activities which are stored, treated, or disposed  within
31        the  site  where such wastes are generated, or (ii) for a
SB968 Engrossed             -2-                LRB9002396LDdv
 1        corporation organized under the General  Not  For  Profit
 2        Corporation  Act of 1986, as now or hereafter amended, or
 3        a  predecessor  Act,  constructing   a   land   form   in
 4        conformance   with  local  zoning  provisions,  within  a
 5        municipality having a population of more  than  1,000,000
 6        inhabitants, with clean construction or demolition debris
 7        generated  within  the  municipality,  provided  that the
 8        corporation  has  contracts  for   economic   development
 9        planning with the municipality; or
10             (2)  in  violation  of  any regulations or standards
11        adopted by the Board under this Act; or
12             (3)  which receives waste  after  August  31,  1988,
13        does not have a permit issued by the Agency, and is (i) a
14        landfill  used  exclusively  for  the  disposal  of waste
15        generated  at  the  site,  (ii)  a  surface   impoundment
16        receiving  special  waste  not listed in an NPDES permit,
17        (iii) a waste pile in which the total volume of waste  is
18        greater  than  100 cubic yards or the waste is stored for
19        over  one  year,  or  (iv)  a  land  treatment   facility
20        receiving  special  waste  generated at the site; without
21        giving notice of the operation to the Agency  by  January
22        1, 1989, or 30 days after the date on which the operation
23        commences,   whichever   is  later,  and  every  3  years
24        thereafter.  The form  for  such  notification  shall  be
25        specified   by  the  Agency,  and  shall  be  limited  to
26        information  regarding:  the  name  and  address  of  the
27        location of the operation; the  type  of  operation;  the
28        types and amounts of waste stored, treated or disposed of
29        on  an  annual  basis;  the  remaining  capacity  of  the
30        operation;   and  the  remaining  expected  life  of  the
31        operation.
32        Paragraph (3) of this subsection (d) shall not  apply  to
33    any  person engaged in agricultural activity who is disposing
34    of a substance that constitutes solid waste, if the substance
SB968 Engrossed             -3-                LRB9002396LDdv
 1    was acquired for use by that person on his own property,  and
 2    the   substance  is  disposed  of  on  his  own  property  in
 3    accordance with  regulations  or  standards  adopted  by  the
 4    Board.
 5        This subsection (d) shall not apply to hazardous waste.
 6        (e)  Dispose,  treat,  store  or  abandon  any  waste, or
 7    transport any waste into this State for disposal,  treatment,
 8    storage  or  abandonment,  except at a site or facility which
 9    meets the requirements of this Act  and  of  regulations  and
10    standards thereunder.
11        (f)  Conduct   any   hazardous  waste-storage,  hazardous
12    waste-treatment or hazardous waste-disposal operation:
13             (1)  without a RCRA permit for the  site  issued  by
14        the  Agency  under  subsection  (d) of Section 39 of this
15        Act, or in violation of any  condition  imposed  by  such
16        permit,  including  periodic  reports  and full access to
17        adequate records and the inspection of facilities, as may
18        be necessary to assure compliance with this Act and  with
19        regulations and standards adopted thereunder; or
20             (2)  in  violation  of  any regulations or standards
21        adopted by the Board under this Act; or
22             (3)  in  violation  of  any   RCRA   permit   filing
23        requirement  established  under  standards adopted by the
24        Board under this Act; or
25             (4)  in violation of any order adopted by the  Board
26        under this Act.
27        Notwithstanding  the  above,  no  RCRA  permit  shall  be
28    required  under  this subsection or subsection (d) of Section
29    39 of this  Act  for  any  person  engaged  in   agricultural
30    activity  who  is  disposing  of  a  substance which has been
31    identified  as  a  hazardous  waste,  and  which   has   been
32    designated  by  Board  regulations  as  being subject to this
33    exception, if the substance was  acquired  for  use  by  that
34    person  on  his own property and the substance is disposed of
SB968 Engrossed             -4-                LRB9002396LDdv
 1    on  his  own  property  in  accordance  with  regulations  or
 2    standards adopted by the Board.
 3        (g)  Conduct    any    hazardous     waste-transportation
 4    operation:
 5             (1)  without  a  permit  issued  by the Agency or in
 6        violation of  any  conditions  imposed  by  such  permit,
 7        including  periodic  reports  and full access to adequate
 8        records and the  inspection  of  facilities,  as  may  be
 9        necessary  to  assure  compliance  with this Act and with
10        regulations or standards adopted thereunder; or
11             (2)  in violation of any  regulations  or  standards
12        adopted by the Board under this Act.
13        (h)  Conduct  any  hazardous waste-recycling or hazardous
14    waste-reclamation  or  hazardous  waste-reuse  operation   in
15    violation   of   any   regulations,   standards   or   permit
16    requirements adopted by the Board under this Act.
17        (i)  Conduct  any  process  or  engage  in  any act which
18    produces hazardous waste in violation of any  regulations  or
19    standards  adopted by the Board under subsections (a) and (c)
20    of Section 22.4 of this Act.
21        (j)  Conduct any special waste  transportation  operation
22    in   violation   of  any  regulations,  standards  or  permit
23    requirements adopted by the Board under this  Act.   However,
24    sludge  from  a  water  or  sewage  treatment plant owned and
25    operated by a unit of local government which (1)  is  subject
26    to  a  sludge  management  plan  approved  by the Agency or a
27    permit granted by the Agency, and (2)  has  been  tested  and
28    determined  not  to  be  a  hazardous  waste  as  required by
29    applicable State and federal laws  and  regulations,  may  be
30    transported  in  this  State  without a special waste hauling
31    permit, and the preparation and carrying of a manifest  shall
32    not  be  required  for  such  sludge  under  the rules of the
33    Pollution Control Board. The unit of local  government  which
34    operates the treatment plant producing such sludge shall file
SB968 Engrossed             -5-                LRB9002396LDdv
 1    a semiannual report with the Agency identifying the volume of
 2    such  sludge  transported  during  the  reporting period, the
 3    hauler of the sludge, and the disposal sites to which it  was
 4    transported. This subsection (j) shall not apply to hazardous
 5    waste.
 6        (k)  Fail  or  refuse  to  pay any fee imposed under this
 7    Act.
 8        (l)  Locate a hazardous  waste  disposal  site  above  an
 9    active  or  inactive shaft or tunneled mine or within 2 miles
10    of an active fault in the  earth's  crust.   In  counties  of
11    population less than 225,000 no hazardous waste disposal site
12    shall  be  located  (1)  within  1 1/2 miles of the corporate
13    limits as defined on  June  30,  1978,  of  any  municipality
14    without   the   approval   of   the  governing  body  of  the
15    municipality in an official action; or (2) within  1000  feet
16    of  an  existing  private  well  or  the existing source of a
17    public water supply measured from the boundary of the  actual
18    active permitted site and excluding existing private wells on
19    the  property of the permit applicant. The provisions of this
20    subsection do not apply to publicly-owned sewage works or the
21    disposal or utilization of sludge from publicly-owned  sewage
22    works.
23        (m)  Transfer interest in any land which has been used as
24    a  hazardous waste disposal site without written notification
25    to the Agency of the transfer and to the  transferee  of  the
26    conditions   imposed   by  the  Agency  upon  its  use  under
27    subsection (g) of Section 39.
28        (n)  Use any land which has  been  used  as  a  hazardous
29    waste  disposal  site  except  in  compliance with conditions
30    imposed by the Agency under subsection (g) of Section 39.
31        (o)  Conduct  a  sanitary  landfill  operation  which  is
32    required to have  a  permit  under  subsection  (d)  of  this
33    Section,  in  a  manner which results in any of the following
34    conditions:
SB968 Engrossed             -6-                LRB9002396LDdv
 1             (1)  refuse in standing or flowing waters;
 2             (2)  leachate flows entering waters of the State;
 3             (3)  leachate flows exiting  the  landfill  confines
 4        (as  determined  by  the  boundaries  established for the
 5        landfill by a permit issued by the Agency);
 6             (4)  open burning of refuse in violation of  Section
 7        9 of this Act;
 8             (5)  uncovered  refuse  remaining  from any previous
 9        operating day or at the conclusion of any operating  day,
10        unless authorized by permit;
11             (6)  failure  to  provide  final  cover  within time
12        limits established by Board regulations;
13             (7)  acceptance of wastes without necessary permits;
14             (8)  scavenging as defined by Board regulations;
15             (9)  deposition of refuse in any unpermitted portion
16        of the landfill;
17             (10)  acceptance  of  a  special  waste  without   a
18        required manifest;
19             (11)  failure  to submit reports required by permits
20        or Board regulations;
21             (12)  failure to collect and contain litter from the
22        site by the end of each operating day;
23             (13)  failure to submit any cost  estimate  for  the
24        site  or  any  performance bond or other security for the
25        site as required by this Act or Board rules.
26        The prohibitions specified in this subsection  (o)  shall
27    be   enforceable  by  the  Agency  either  by  administrative
28    citation under Section 31.1  of  this  Act  or  as  otherwise
29    provided  by  this  Act.   The  specific prohibitions in this
30    subsection do not limit the power of the Board  to  establish
31    regulations or standards applicable to sanitary landfills.
32        (p)  In  violation  of  subdivision  (a) of this Section,
33    cause or allow the open dumping of  any  waste  in  a  manner
34    which results in any of the following occurrences at the dump
SB968 Engrossed             -7-                LRB9002396LDdv
 1    site:
 2             (1)  litter;
 3             (2)  scavenging;
 4             (3)  open burning;
 5             (4)  deposition  of  waste  in  standing  or flowing
 6        waters;
 7             (5)  proliferation of disease vectors;
 8             (6)  standing or flowing liquid discharge  from  the
 9        dump site.
10        The  prohibitions  specified in this subsection (p) shall
11    be  enforceable  by  the  Agency  either  by   administrative
12    citation  under  Section  31.1  of  this  Act or as otherwise
13    provided by this Act.   The  specific  prohibitions  in  this
14    subsection  do  not limit the power of the Board to establish
15    regulations or standards applicable to open dumping.
16        (q)  Conduct  a  landscape  waste  composting   operation
17    without  an  Agency permit, provided, however, that no permit
18    shall be required for any person:
19             (1)  conducting   a   landscape   waste   composting
20        operation for landscape wastes generated by such person's
21        own activities which are stored, treated or  disposed  of
22        within the site where such wastes are generated; or
23             (2)  applying landscape waste or composted landscape
24        waste at agronomic rates; or
25             (3)  operating a landscape waste composting facility
26        on  a  farm,  if  the facility meets all of the following
27        criteria:
28                  (A)  the composting facility is operated by the
29             farmer on property on which the composting  material
30             is utilized, and the composting facility constitutes
31             no  more  than  2%  of the property's total acreage,
32             except that the Agency may allow a higher percentage
33             for individual sites where the owner or operator has
34             demonstrated to the  Agency  that  the  site's  soil
SB968 Engrossed             -8-                LRB9002396LDdv
 1             characteristics or crop needs require a higher rate;
 2                  (B)  the   property  on  which  the  composting
 3             facility is located, and any associated property  on
 4             which  the  compost  is  used,  is  principally  and
 5             diligently devoted to the production of agricultural
 6             crops   and   is  not  owned,  leased  or  otherwise
 7             controlled by  any  waste  hauler  or  generator  of
 8             nonagricultural  compost materials, and the operator
 9             of the  composting  facility  is  not  an  employee,
10             partner,  shareholder,  or in any way connected with
11             or controlled by any such waste hauler or generator;
12                  (C)  all compost generated  by  the  composting
13             facility  is  applied at agronomic rates and used as
14             mulch,  fertilizer  or  soil  conditioner  on   land
15             actually   farmed   by   the  person  operating  the
16             composting facility, and the finished compost is not
17             stored at the composting site for  a  period  longer
18             than  18  months  prior to its application as mulch,
19             fertilizer, or soil conditioner;
20                  (D)  the owner or operator, by January 1,  1990
21             (or   the   January   1  following  commencement  of
22             operation, whichever is later) and January 1 of each
23             year thereafter, (i) registers  the  site  with  the
24             Agency,  (ii) reports to the Agency on the volume of
25             composting material received and used at  the  site,
26             (iii) certifies to the Agency that the site complies
27             with  the  requirements  set  forth in subparagraphs
28             (A), (B) and (C) of this paragraph (q)(3), and  (iv)
29             certifies to the Agency that all composting material
30             was  placed  more  than  200  feet  from the nearest
31             potable water supply well, was  placed  outside  the
32             boundary  of  the 10-year floodplain or on a part of
33             the site that is floodproofed, was placed  at  least
34             1/4  mile  from  the nearest residence (other than a
SB968 Engrossed             -9-                LRB9002396LDdv
 1             residence  located  on  the  same  property  as  the
 2             facility) and there are not more  than  10  occupied
 3             non-farm   residences   within   1/2   mile  of  the
 4             boundaries of the site on the date  of  application,
 5             and  was  placed  more  than  5 feet above the water
 6             table.
 7        For the  purposes  of  this  subsection  (q),  "agronomic
 8    rates"  means  the  application  of not more than 20 tons per
 9    acre per year, except that the Agency may allow a higher rate
10    for  individual  sites  where  the  owner  or  operator   has
11    demonstrated   to   the   Agency   that   the   site's   soil
12    characteristics or crop needs require a higher rate.
13        (r)  Cause  or  allow  the  storage  or  disposal of coal
14    combustion waste unless:
15             (1)  such waste is stored or disposed of at  a  site
16        or  facility  for  which a permit has been obtained or is
17        not otherwise  required  under  subsection  (d)  of  this
18        Section; or
19             (2)  such  waste  is stored or disposed of as a part
20        of the design and reclamation of a site or facility which
21        is  an  abandoned  mine  site  in  accordance  with   the
22        Abandoned Mined Lands and Water Reclamation Act; or
23             (3)  such  waste  is stored or disposed of at a site
24        or facility which is operating under NPDES and Subtitle D
25        permits issued by  the  Agency  pursuant  to  regulations
26        adopted by the Board for mine-related water pollution and
27        permits  issued  pursuant  to  the Federal Surface Mining
28        Control and Reclamation Act of 1977 (P.L. 95-87)  or  the
29        rules  and  regulations  thereunder or any law or rule or
30        regulation adopted by  the  State  of  Illinois  pursuant
31        thereto, and the owner or operator of the facility agrees
32        to accept the waste; and either
33                  (i)  such  waste  is  stored  or disposed of in
34             accordance with requirements  applicable  to  refuse
SB968 Engrossed             -10-               LRB9002396LDdv
 1             disposal  under regulations adopted by the Board for
 2             mine-related water pollution and pursuant  to  NPDES
 3             and  Subtitle  D  permits issued by the Agency under
 4             such regulations; or
 5                  (ii)  the owner or  operator  of  the  facility
 6             demonstrates all of the following to the Agency, and
 7             the  facility  is  operated  in  accordance with the
 8             demonstration as approved by  the  Agency:  (1)  the
 9             disposal  area will be covered in a manner that will
10             support continuous vegetation, (2) the facility will
11             be adequately protected from wind and water erosion,
12             (3) the pH will  be  maintained  so  as  to  prevent
13             excessive  leaching  of metal ions, and (4) adequate
14             containment or other measures will  be  provided  to
15             protect   surface   water   and   groundwater   from
16             contamination  at levels prohibited by this Act, the
17             Illinois Groundwater Protection Act, or  regulations
18             adopted pursuant thereto.
19        Notwithstanding  any  other  provision of this Title, the
20    disposal of coal combustion waste pursuant to item (2) or (3)
21    of this subdivision  (r)  shall  be  exempt  from  the  other
22    provisions   of   this   Title  V,  and  notwithstanding  the
23    provisions of Title X of this Act, the Agency  is  authorized
24    to grant experimental permits which include provision for the
25    disposal  of  wastes  from  the  combustion of coal and other
26    materials pursuant to items (2) and (3) of  this  subdivision
27    (r).
28        (s)  After  April  1,  1989,  offer  for  transportation,
29    transport, deliver, receive or accept special waste for which
30    a  manifest  is  required, unless the manifest indicates that
31    the fee required under Section 22.8  of  this  Act  has  been
32    paid.
33        (t)  Cause  or  allow  a lateral expansion of a municipal
34    solid waste landfill  unit  on  or  after  October  9,  1993,
SB968 Engrossed             -11-               LRB9002396LDdv
 1    without  a  permit  modification, granted by the Agency, that
 2    authorizes the lateral expansion.
 3        (u)  Conduct any vegetable by-product treatment, storage,
 4    disposal or transportation  operation  in  violation  of  any
 5    regulation,  standards  or permit requirements adopted by the
 6    Board under this Act. However, no permit  shall  be  required
 7    under  this  Title  V  for  the land application of vegetable
 8    by-products conducted pursuant to Agency permit issued  under
 9    Title  III  of  this  Act  to  the generator of the vegetable
10    by-products.  In  addition,  vegetable  by-products  may   be
11    transported  in  this  State  without a special waste hauling
12    permit,  and  without  the  preparation  and  carrying  of  a
13    manifest.
14        (v)  Conduct any operation  for  the  receipt,  transfer,
15    recycling,  or other management of construction or demolition
16    debris, clean  or  otherwise,  without  maintenance  of  load
17    tickets  and other manifests reflecting receipt of the debris
18    from the hauler and generator of the debris.  The load ticket
19    and manifest shall identify the hauler, generator,  place  of
20    origin  of  the  debris, the weight and volume of the debris,
21    the time and date of the  receipt  of  the  debris,  and  the
22    disposition  of  the  debris by the operator of the receiving
23    facility.
24        (w)  Conduct any generation, transportation, transfer, or
25    disposal of  construction  or  demolition  debris,  clean  or
26    otherwise,  without  the  maintenance  of  load  tickets  and
27    manifests   reflecting   the  transfer,  disposal,  or  other
28    disposition of the debris.   The  load  ticket  and  manifest
29    shall  identify the hauler, generator, place of origin of the
30    debris, the weight and volume of the  debris,  the  time  and
31    date  of  the  disposition  of  the debris, and the location,
32    owner, and operator of the facility to which the  debris  was
33    transferred or disposed.
34    (Source:  P.A.  88-454;  88-496; 88-670, eff. 12-2-94; 89-93,
SB968 Engrossed             -12-               LRB9002396LDdv
 1    eff. 7-6-95; 89-535, eff. 7-19-96.)
 2        (415 ILCS 5/33) (from Ch. 111 1/2, par. 1033)
 3        Sec. 33. (a) After due consideration of the  written  and
 4    oral  statements,  the  testimony and arguments that shall be
 5    submitted at the hearing, or upon default  in  appearance  of
 6    the  respondent  on  return  day specified in the notice, the
 7    Board shall issue and enter such final order,  or  make  such
 8    final  determination,  as it shall deem appropriate under the
 9    circumstances. It shall not  be  a  defense  to  findings  of
10    violations  of the provisions of the Act or Board regulations
11    or a bar to the assessment of civil penalties that the person
12    has come into compliance subsequent to the violation,  except
13    where  such  action  is  barred  by  any  applicable State or
14    federal statute of limitation. In all such matters the  Board
15    shall  file  and  publish a written opinion stating the facts
16    and  reasons  leading  to  its  decision.  The  Board   shall
17    immediately notify the respondent of such order in writing by
18    registered mail.
19        (b)  Such order may include one or more of the following:
20    a direction to cease and desist from violations of the Act or
21    of the Board's rules and regulations or of any permit or term
22    or  condition  thereof, and/or the imposition by the Board of
23    civil penalties in accord with Section 42 of this Act, and an
24    order to perform community service  for  not  less  than  100
25    hours  and  not  more  than 300 hours if community service is
26    available in the jurisdiction. The Board may also revoke  the
27    permit  as  a penalty for violation. If such order includes a
28    reasonable delay during which to  correct  a  violation,  the
29    Board  may require the posting of sufficient performance bond
30    or other security to assure the correction of such  violation
31    within the time prescribed.
32        (c)  In  making  its orders and determinations, the Board
33    shall take into consideration all the facts and circumstances
SB968 Engrossed             -13-               LRB9002396LDdv
 1    bearing upon the reasonableness of the emissions,  discharges
 2    or deposits involved including, but not limited to:
 3             (i)  the  character  and  degree  of  injury  to, or
 4        interference with the protection of the  health,  general
 5        welfare and physical property of the people;
 6             (ii)  the social and economic value of the pollution
 7        source;
 8             (iii)  the   suitability  or  unsuitability  of  the
 9        pollution source to the area  in  which  it  is  located,
10        including  the  question  of  priority of location in the
11        area involved;
12             (iv)  the  technical  practicability  and   economic
13        reasonableness  of reducing or eliminating the emissions,
14        discharges or  deposits  resulting  from  such  pollution
15        source; and
16             (v)  any subsequent compliance.
17        Whenever  a  proceeding  before  the Board may affect the
18    right of the public individually or collectively to  the  use
19    of   community  sewer  or  water  facilities  provided  by  a
20    municipally owned or publicly regulated  company,  the  Board
21    shall  at  least  30  days prior to the scheduled date of the
22    first hearing in such proceeding, give notice  of  the  date,
23    time,   place,   and   purpose  of  such  hearing  by  public
24    advertisement in a newspaper of general  circulation  in  the
25    area  of  the State concerned. The Board shall conduct a full
26    and complete hearing into  the  social  and  economic  impact
27    which would result from restriction or denial of the right to
28    use  such  facilities  and  allow  all  persons  claiming  an
29    interest to intervene as parties and present evidence of such
30    social and economic impact.
31        (d)  All  orders issued and entered by the Board pursuant
32    to this Section shall be enforceable by injunction, mandamus,
33    or other appropriate remedy, in accordance with Section 42 of
34    this Act.
SB968 Engrossed             -14-               LRB9002396LDdv
 1    (Source: P.A. 85-1041; 86-1363.)
 2        (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
 3        Sec.  44.  (a)  Except  as  otherwise  provided  in  this
 4    Section, it shall be a Class A misdemeanor  to  violate  this
 5    Act  or  regulations  thereunder,  or  any  permit or term or
 6    condition  thereof,  or  knowingly  to   submit   any   false
 7    information under this Act or regulations adopted thereunder,
 8    or  under  any  permit  or term or condition thereof. A court
 9    may, in addition to any other penalty herein imposed, order a
10    person  convicted  of  any  violation  of  open  dumping   of
11    construction  debris  under  this  Act  to  perform community
12    service for not less than 100 50 hours and not more than  300
13    hours  if community service is available in the jurisdiction.
14    It shall be the duty of all State and  local  law-enforcement
15    officers  to  enforce  such Act and regulations, and all such
16    officers shall have authority to  issue  citations  for  such
17    violations.
18        (b)  Calculated Criminal Disposal of Hazardous Waste.
19             (1)  A  person  commits  the  offense  of Calculated
20        Criminal Disposal of Hazardous Waste when, without lawful
21        justification, he knowingly disposes of  hazardous  waste
22        while  knowing  that  he thereby places another person in
23        danger of great bodily harm or creates  an  immediate  or
24        long-term danger to the public health or the environment.
25             (2)  Calculated Criminal Disposal of Hazardous Waste
26        is  a  Class 2 felony. In addition to any other penalties
27        prescribed by law, a person convicted of the  offense  of
28        Calculated   Criminal  Disposal  of  Hazardous  Waste  is
29        subject to a fine not to exceed $500,000 for each day  of
30        such offense.
31        (c)  Criminal Disposal of Hazardous Waste.
32             (1)  A   person  commits  the  offense  of  Criminal
SB968 Engrossed             -15-               LRB9002396LDdv
 1        Disposal  of  Hazardous  Waste   when,   without   lawful
 2        justification, he knowingly disposes of hazardous waste.
 3             (2)  Criminal Disposal of Hazardous Waste is a Class
 4        3  felony.  In addition to any other penalties prescribed
 5        by law, a person convicted of  the  offense  of  Criminal
 6        Disposal  of  Hazardous Waste is subject to a fine not to
 7        exceed $250,000 for each day of such offense.
 8        (d)  Unauthorized Use of Hazardous Waste.
 9             (1)  A person commits the  offense  of  Unauthorized
10        Use  of Hazardous Waste when he, being required to have a
11        permit or  license  under  this  Act  or  any  other  law
12        regulating  the  treatment, transportation, or storage of
13        hazardous waste, knowingly:
14                  (A)  treats,   transports,   or   stores    any
15             hazardous waste without such permit or license;
16                  (B)  treats,    transports,   or   stores   any
17             hazardous  waste  in  violation  of  the  terms  and
18             conditions of such permit or license;
19                  (C)  transports  any  hazardous  waste   to   a
20             facility  which  does  not  have a permit or license
21             required under this Act; or
22                  (D)  transports  any  hazardous  waste  without
23             having on his person such permit or license.
24             (2)  A person who is convicted  of  a  violation  of
25        subdivision  (1)(A),  (1)(B) or (1)(C) of this subsection
26        is guilty of a Class 4 felony.  A person who is convicted
27        of a violation of subdivision (1)(D) is guilty of a Class
28        A  misdemeanor.   In  addition  to  any  other  penalties
29        prescribed  by  law,  a  person  convicted  of  violating
30        subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
31        not to exceed $100,000 for each day  of  such  violation,
32        and  a  person  who is convicted of violating subdivision
33        (1)(D) is subject to a fine not to exceed $1,000.
SB968 Engrossed             -16-               LRB9002396LDdv
 1        (e)  Unlawful Delivery of Hazardous Waste.
 2             (1)  Except as authorized by this Act or the federal
 3        Resource  Conservation  and   Recovery   Act,   and   the
 4        regulations  promulgated  thereunder,  it is unlawful for
 5        any person to knowingly deliver hazardous waste.
 6             (2)  Unlawful Delivery of Hazardous Waste is a Class
 7        3 felony.  In addition to any other penalties  prescribed
 8        by  law,  a  person  convicted of the offense of Unlawful
 9        Delivery of Hazardous Waste is subject to a fine  not  to
10        exceed $250,000 for each such violation.
11             (3)  For  purposes  of  this  Section,  "deliver" or
12        "delivery" means the actual, constructive,  or  attempted
13        transfer  of  possession  of  hazardous  waste,  with  or
14        without  consideration, whether or not there is an agency
15        relationship.
16        (f)  Reckless Disposal of Hazardous Waste.
17             (1)  A person commits Reckless Disposal of Hazardous
18        Waste if he disposes of hazardous  waste,  and  his  acts
19        which  cause  the  hazardous  waste  to  be  disposed of,
20        whether or not those acts are undertaken pursuant  to  or
21        under  color of any permit or license, are performed with
22        a conscious disregard of a substantial and  unjustifiable
23        risk  that  such  disposing of hazardous waste is a gross
24        deviation from the standard of care  which  a  reasonable
25        person would exercise in the situation.
26             (2)  Reckless Disposal of Hazardous Waste is a Class
27        4  felony.  In addition to any other penalties prescribed
28        by law, a person convicted of  the  offense  of  Reckless
29        Disposal  of  Hazardous Waste is subject to a fine not to
30        exceed $50,000 for each day of such offense.
31        (g)  Concealment of Criminal Disposal of Hazardous Waste.
32             (1)  A person commits the offense of Concealment  of
33        Criminal  Disposal  of  Hazardous Waste when he conceals,
SB968 Engrossed             -17-               LRB9002396LDdv
 1        without lawful justification, the disposal  of  hazardous
 2        waste  with  the  knowledge that such hazardous waste has
 3        been disposed of in violation of this Act.
 4             (2)  Concealment of Criminal Disposal of a Hazardous
 5        Waste is a Class 4 felony.   In  addition  to  any  other
 6        penalties  prescribed  by  law, a person convicted of the
 7        offense of Concealment of Criminal Disposal of  Hazardous
 8        Waste is subject to a fine not to exceed $50,000 for each
 9        day of such offense.
10        (h)  Violations; False Statements.
11             (1)  Any person who knowingly makes a false material
12        statement  in  an  application  for  a  permit or license
13        required by this  Act  to  treat,  transport,  store,  or
14        dispose of hazardous waste commits the offense of perjury
15        and  shall  be  subject  to  the  penalties  set forth in
16        Section 32-2 of the Criminal Code of 1961.
17             (2)  Any person who knowingly makes a false material
18        statement  or  representation  in  any  label,  manifest,
19        record, report, permit  or  license,  or  other  document
20        filed,  maintained  or used for the purpose of compliance
21        with  this  Act  in  connection  with   the   generation,
22        disposal,   treatment,   storage,  or  transportation  of
23        hazardous waste commits a Class 4 felony.   A  second  or
24        any  subsequent  offense  after conviction hereunder is a
25        Class 3 felony.
26             (3)  Any person who knowingly  destroys,  alters  or
27        conceals  any  record  required to be made by this Act in
28        connection with  the  disposal,  treatment,  storage,  or
29        transportation  of  hazardous  waste,  commits  a Class 4
30        felony. A  second  or  any  subsequent  offense  after  a
31        conviction hereunder is a Class 3 felony.
32             (4)  Any person who knowingly makes a false material
33        statement  or  representation  in  any application, bill,
34        invoice, or other document filed, maintained, or used for
SB968 Engrossed             -18-               LRB9002396LDdv
 1        the purpose  of  receiving  money  from  the  Underground
 2        Storage  Tank  Fund commits a Class 4 felony. A second or
 3        any subsequent offense after conviction  hereunder  is  a
 4        Class 3 felony.
 5             (5)  Any  person  who knowingly destroys, alters, or
 6        conceals any record required to be made or maintained  by
 7        this Act or required to be made or maintained by Board or
 8        Agency  rules for the purpose of receiving money from the
 9        Underground Storage Tank Fund commits a Class 4 felony. A
10        second or  any  subsequent  offense  after  a  conviction
11        hereunder is a Class 3 felony.
12             (6)  In  addition  to any other penalties prescribed
13        by law, a person convicted of violating  this  subsection
14        (h)  is  subject to a fine not to exceed $50,000 for each
15        day of such violation.
16        (i)  Verification.
17             (1)  Each application for a  permit  or  license  to
18        dispose of, transport, treat, store or generate hazardous
19        waste  under  this  Act shall contain an affirmation that
20        the facts are true and are made under penalty of  perjury
21        as  defined in Section 32-2 of the Criminal Code of 1961.
22        It is perjury for a person to sign any  such  application
23        for  a  permit or license which contains a false material
24        statement, which he does not believe to be true.
25             (2)  Each request for  money  from  the  Underground
26        Storage  Tank  Fund shall contain an affirmation that the
27        facts are true and are made under penalty of  perjury  as
28        defined  in Section 32-2 of the Criminal Code of 1961. It
29        is perjury for a person to sign any request that contains
30        a false material statement that he does not believe to be
31        true.
32        (j)  Violations of Other Provisions.
33             (1)  It  is  unlawful  for  a  person  knowingly  to
SB968 Engrossed             -19-               LRB9002396LDdv
 1        violate:
 2                  (A)  subsection (f) of Section 12 of this Act;
 3                  (B)  subsection (g) of Section 12 of this Act;
 4                  (C)  any term or condition of  any  Underground
 5             Injection Control (UIC) permit;
 6                  (D)  any  filing  requirement,  regulation,  or
 7             order  relating  to  the State Underground Injection
 8             Control (UIC) program;
 9                  (E)  any provision of any regulation, standard,
10             or  filing  requirement  under  subsection  (b)   of
11             Section 13 of this Act;
12                  (F)  any provision of any regulation, standard,
13             or   filing  requirement  under  subsection  (b)  of
14             Section 39 of this Act;
15                  (G)  any    National    Pollutant     Discharge
16             Elimination  System (NPDES) permit issued under this
17             Act or any term or condition of such permit;
18                  (H)  subsection (h) of Section 12 of this Act;
19                  (I)  subsection 6 of Section 39.5 of this  Act;
20             or
21                  (J)  any  provision of any regulation, standard
22             or filing requirement under  Section  39.5  of  this
23             Act.
24             (2)  A   person   convicted   of   a   violation  of
25        subdivision (1) of this  subsection  commits  a  Class  4
26        felony,  and  in addition to any other penalty prescribed
27        by law is subject to a fine not  to  exceed  $25,000  for
28        each day of such violation.
29             (3)  A person who negligently violates the following
30        shall be subject to a fine not to exceed $10,000 for each
31        day of such violation:
32                  (A)  subsection (f) of Section 12 of this Act;
33                  (B)  subsection (g) of Section 12 of this Act;
34                  (C)  any provision of any regulation, standard,
SB968 Engrossed             -20-               LRB9002396LDdv
 1             or   filing  requirement  under  subsection  (b)  of
 2             Section 13 of this Act;
 3                  (D)  any provision of any regulation, standard,
 4             or  filing  requirement  under  subsection  (b)   of
 5             Section 39 of this Act;
 6                  (E)  any     National    Pollutant    Discharge
 7             Elimination System (NPDES) permit issued under  this
 8             Act;
 9                  (F)  subsection  6 of Section 39.5 of this Act;
10             or
11                  (G)  any provision of any regulation, standard,
12             or filing requirement under  Section  39.5  of  this
13             Act.
14             (4)  It is unlawful for a person knowingly to:
15                  (A)  make  any false statement, representation,
16             or certification in an  application  form,  or  form
17             pertaining   to,   a  National  Pollutant  Discharge
18             Elimination System (NPDES) permit;
19                  (B)  render inaccurate any monitoring device or
20             record required by the Agency or Board in connection
21             with any such permit or with any discharge which  is
22             subject  to  the  provisions  of  subsection  (f) of
23             Section 12 of this Act;
24                  (C)  make any false statement,  representation,
25             or  certification  in  any  form,  notice  or report
26             pertaining to a CAAPP permit under Section  39.5  of
27             this Act;
28                  (D)  render inaccurate any monitoring device or
29             record required by the Agency or Board in connection
30             with  any CAAPP permit or with any emission which is
31             subject to the provisions of Section  39.5  of  this
32             Act; or
33                  (E)  violate  subsection  6  of Section 39.5 of
34             this Act or any CAAPP permit, or term  or  condition
SB968 Engrossed             -21-               LRB9002396LDdv
 1             thereof, or any fee or filing requirement.
 2             (5)  A   person   convicted   of   a   violation  of
 3        subdivision (4) of this  subsection  commits  a  Class  A
 4        misdemeanor,  and  in  addition  to  any  other penalties
 5        provided by law is  subject  to  a  fine  not  to  exceed
 6        $10,000 for each day of violation.
 7        (k)  Criminal  operation  of  a  hazardous  waste  or PCB
 8    incinerator.
 9             (1)  A  person  commits  the  offense  of   criminal
10        operation  of  a hazardous waste or PCB incinerator when,
11        in the course of  operating  a  hazardous  waste  or  PCB
12        incinerator,   he  knowingly  and  without  justification
13        operates the incinerator (i) without an Agency permit, or
14        in knowing violation of the terms of  an  Agency  permit,
15        and  (ii) as a result of such violation, knowingly places
16        any person in danger of great bodily  harm  or  knowingly
17        creates  an immediate or long term material danger to the
18        public health or the environment.
19             (2)  Any person who commits the offense of  criminal
20        operation of a hazardous waste or PCB incinerator for the
21        first  time  commits a Class 4 felony and, in addition to
22        any other penalties prescribed by law, shall  be  subject
23        to  a  fine  not  to  exceed $100,000 for each day of the
24        offense.
25             Any person  who  commits  the  offense  of  criminal
26        operation  of  a hazardous waste or PCB incinerator for a
27        second or subsequent time commits a Class 3  felony  and,
28        in  addition  to  any  other penalties prescribed by law,
29        shall be subject to a fine not  to  exceed  $250,000  for
30        each day of the offense.
31             (3)  For  the  purpose  of  this subsection (k), the
32        term  "hazardous  waste  or  PCB  incinerator"  means   a
33        pollution  control  facility  at  which  either hazardous
34        waste or PCBs, or both, are incinerated. "PCBs" means any
SB968 Engrossed             -22-               LRB9002396LDdv
 1        substance or mixture of substances that contains  one  or
 2        more polychlorinated biphenyls in detectable amounts.
 3        (l)  It  shall  be  the  duty  of all State and local law
 4    enforcement officers to enforce this Act and the  regulations
 5    adopted hereunder, and all such officers shall have authority
 6    to issue citations for such violations.
 7        (m)  Any  action  brought  under  this  Section  shall be
 8    brought by the State's Attorney of the county  in  which  the
 9    violation  occurred, or by the Attorney General, and shall be
10    conducted in accordance with the applicable provisions of the
11    Code of Criminal Procedure of 1963.
12        (n)  For an offense described in this Section, the period
13    for commencing  prosecution  prescribed  by  the  statute  of
14    limitations  shall  not  begin  to  run  until the offense is
15    discovered by or reported to a State or local  agency  having
16    the authority to investigate violations of this Act.
17        (o)  In  addition  to  any other penalties provided under
18    this Act, if a  person  is  convicted  of  (or  agrees  to  a
19    settlement  in an enforcement action over) illegal dumping of
20    waste on the person's own property, the Attorney General, the
21    Agency or local prosecuting authority shall  file  notice  of
22    the  conviction,  finding  or  agreement in the office of the
23    Recorder in the county in which the landowner lives.
24    (Source: P.A.  88-45;  88-668,  eff.  9-16-94;  88-681,  eff.
25    12-22-94; 88-690, eff. 1-24-95; 89-235, eff. 8-4-95.)

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