Bill Text: IL HB2001 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Provides that it is a Class 4 felony to openly dump more than 250 cubic feet of waste or 50 waste tires (presently, the penalty for a first violation of the open dumping prohibition is a Class A misdemeanor, regardless of the quantity of waste dumped). Increases the felony penalty for open dumping from $5,000 to $25,000. Also makes technical changes. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 15-2)

Status: (Passed) 2011-08-10 - Public Act . . . . . . . . . 97-0286 [HB2001 Detail]

Download: Illinois-2011-HB2001-Enrolled.html

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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 44 as follows:
(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
Sec. 44. Criminal acts; penalties.
(a) Except as otherwise provided in this Section, it shall
be a Class A misdemeanor to violate this Act or regulations
thereunder, or any permit or term or condition thereof, or
knowingly to submit any false information under this Act or
regulations adopted thereunder, or under any permit or term or
condition thereof. A court may, in addition to any other
penalty herein imposed, order a person convicted of any
violation of this Act to perform community service for not less
than 100 hours and not more than 300 hours if community service
is available in the jurisdiction. It shall be the duty of all
State and local law-enforcement officers to enforce such Act
and regulations, and all such officers shall have authority to
issue citations for such violations.
(b) Calculated Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Calculated Criminal

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Disposal of Hazardous Waste when, without lawful
justification, he knowingly disposes of hazardous waste
while knowing that he thereby places another person in
danger of great bodily harm or creates an immediate or
long-term danger to the public health or the environment.
(2) Calculated Criminal Disposal of Hazardous Waste is
a Class 2 felony. In addition to any other penalties
prescribed by law, a person convicted of the offense of
Calculated Criminal Disposal of Hazardous Waste is subject
to a fine not to exceed $500,000 for each day of such
offense.
(c) Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Criminal Disposal
of Hazardous Waste when, without lawful justification, he
knowingly disposes of hazardous waste.
(2) Criminal Disposal of Hazardous Waste is a Class 3
felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Criminal Disposal
of Hazardous Waste is subject to a fine not to exceed
$250,000 for each day of such offense.
(d) Unauthorized Use of Hazardous Waste.
(1) A person commits the offense of Unauthorized Use of
Hazardous Waste when he, being required to have a permit,
registration, or license under this Act or any other law

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regulating the treatment, transportation, or storage of
hazardous waste, knowingly:
(A) treats, transports, or stores any hazardous
waste without such permit, registration, or license;
(B) treats, transports, or stores any hazardous
waste in violation of the terms and conditions of such
permit or license;
(C) transports any hazardous waste to a facility
which does not have a permit or license required under
this Act; or
(D) transports by vehicle any hazardous waste
without having in each vehicle credentials issued to
the transporter by the transporter's base state
pursuant to procedures established under the Uniform
Program.
(2) A person who is convicted of a violation of
subparagraph (A), (B), or (C) of paragraph (1) subdivision
(1)(A), (1)(B) or (1)(C) of this subsection is guilty of a
Class 4 felony. A person who is convicted of a violation of
subparagraph (D) of paragraph (1) of this subsection
subdivision (1)(D) is guilty of a Class A misdemeanor. In
addition to any other penalties prescribed by law, a person
convicted of violating subparagraph (A), (B), or (C) of
paragraph (1) of this subsection subdivision (1)(A),
(1)(B) or (1)(C) is subject to a fine not to exceed
$100,000 for each day of such violation, and a person who

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is convicted of violating subparagraph (D) of paragraph (1)
of this subsection subdivision (1)(D) is subject to a fine
not to exceed $1,000.
(e) Unlawful Delivery of Hazardous Waste.
(1) Except as authorized by this Act or the federal
Resource Conservation and Recovery Act, and the
regulations promulgated thereunder, it is unlawful for any
person to knowingly deliver hazardous waste.
(2) Unlawful Delivery of Hazardous Waste is a Class 3
felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Unlawful Delivery
of Hazardous Waste is subject to a fine not to exceed
$250,000 for each such violation.
(3) For purposes of this Section, "deliver" or
"delivery" means the actual, constructive, or attempted
transfer of possession of hazardous waste, with or without
consideration, whether or not there is an agency
relationship.
(f) Reckless Disposal of Hazardous Waste.
(1) A person commits Reckless Disposal of Hazardous
Waste if he disposes of hazardous waste, and his acts which
cause the hazardous waste to be disposed of, whether or not
those acts are undertaken pursuant to or under color of any
permit or license, are performed with a conscious disregard

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of a substantial and unjustifiable risk that such disposing
of hazardous waste is a gross deviation from the standard
of care which a reasonable person would exercise in the
situation.
(2) Reckless Disposal of Hazardous Waste is a Class 4
felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Reckless Disposal
of Hazardous Waste is subject to a fine not to exceed
$50,000 for each day of such offense.
(g) Concealment of Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Concealment of
Criminal Disposal of Hazardous Waste when he conceals,
without lawful justification, the disposal of hazardous
waste with the knowledge that such hazardous waste has been
disposed of in violation of this Act.
(2) Concealment of Criminal Disposal of a Hazardous
Waste is a Class 4 felony. In addition to any other
penalties prescribed by law, a person convicted of the
offense of Concealment of Criminal Disposal of Hazardous
Waste is subject to a fine not to exceed $50,000 for each
day of such offense.
(h) Violations; False Statements.
(1) Any person who knowingly makes a false material
statement in an application for a permit or license

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required by this Act to treat, transport, store, or dispose
of hazardous waste commits the offense of perjury and shall
be subject to the penalties set forth in Section 32-2 of
the Criminal Code of 1961.
(2) Any person who knowingly makes a false material
statement or representation in any label, manifest,
record, report, permit or license, or other document filed,
maintained, or used for the purpose of compliance with this
Act in connection with the generation, disposal,
treatment, storage, or transportation of hazardous waste
commits a Class 4 felony. A second or any subsequent
offense after conviction hereunder is a Class 3 felony.
(3) Any person who knowingly destroys, alters, or
conceals any record required to be made by this Act in
connection with the disposal, treatment, storage, or
transportation of hazardous waste, commits a Class 4
felony. A second or any subsequent offense after a
conviction hereunder is a Class 3 felony.
(4) Any person who knowingly makes a false material
statement or representation in any application, bill,
invoice, or other document filed, maintained, or used for
the purpose of receiving money from the Underground Storage
Tank Fund commits a Class 4 felony. A second or any
subsequent offense after conviction hereunder is a Class 3
felony.
(5) Any person who knowingly destroys, alters, or

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conceals any record required to be made or maintained by
this Act or required to be made or maintained by Board or
Agency rules for the purpose of receiving money from the
Underground Storage Tank Fund commits a Class 4 felony. A
second or any subsequent offense after a conviction
hereunder is a Class 3 felony.
(6) A person who knowingly and falsely certifies under
Section 22.48 that an industrial process waste or pollution
control waste is not special waste commits a Class 4 felony
for a first offense and commits a Class 3 felony for a
second or subsequent offense.
(7) In addition to any other penalties prescribed by
law, a person convicted of violating this subsection (h) is
subject to a fine not to exceed $50,000 for each day of
such violation.
(8) Any person who knowingly makes a false, fictitious,
or fraudulent material statement, orally or in writing, to
the Agency, or to a unit of local government to which the
Agency has delegated authority under subsection (r) of
Section 4 of this Act, related to or required by this Act,
a regulation adopted under this Act, any federal law or
regulation for which the Agency has responsibility, or any
permit, term, or condition thereof, commits a Class 4
felony, and each such statement or writing shall be
considered a separate Class 4 felony. A person who, after
being convicted under this paragraph (8), violates this

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paragraph (8) a second or subsequent time, commits a Class
3 felony.
(i) Verification.
(1) Each application for a permit or license to dispose
of, transport, treat, store, or generate hazardous waste
under this Act shall contain an affirmation that the facts
are true and are made under penalty of perjury as defined
in Section 32-2 of the Criminal Code of 1961. It is perjury
for a person to sign any such application for a permit or
license which contains a false material statement, which he
does not believe to be true.
(2) Each request for money from the Underground Storage
Tank Fund shall contain an affirmation that the facts are
true and are made under penalty of perjury as defined in
Section 32-2 of the Criminal Code of 1961. It is perjury
for a person to sign any request that contains a false
material statement that he does not believe to be true.
(j) Violations of Other Provisions.
(1) It is unlawful for a person knowingly to violate:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any term or condition of any Underground
Injection Control (UIC) permit;
(D) any filing requirement, regulation, or order

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relating to the State Underground Injection Control
(UIC) program;
(E) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 13
of this Act;
(F) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 39
of this Act;
(G) any National Pollutant Discharge Elimination
System (NPDES) permit issued under this Act or any term
or condition of such permit;
(H) subsection (h) of Section 12 of this Act;
(I) subsection 6 of Section 39.5 of this Act;
(J) any provision of any regulation, standard or
filing requirement under Section 39.5 of this Act;
(K) a provision of the Procedures for Asbestos
Emission Control in subsection (c) of Section 61.145 of
Title 40 of the Code of Federal Regulations; or
(L) the standard for waste disposal for
manufacturing, fabricating, demolition, renovation,
and spraying operations in Section 61.150 of Title 40
of the Code of Federal Regulations.
(2) A person convicted of a violation of subdivision
(1) of this subsection commits a Class 4 felony, and in
addition to any other penalty prescribed by law is subject
to a fine not to exceed $25,000 for each day of such

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violation.
(3) A person who negligently violates the following
shall be subject to a fine not to exceed $10,000 for each
day of such violation:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 13
of this Act;
(D) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 39
of this Act;
(E) any National Pollutant Discharge Elimination
System (NPDES) permit issued under this Act;
(F) subsection 6 of Section 39.5 of this Act; or
(G) any provision of any regulation, standard, or
filing requirement under Section 39.5 of this Act.
(4) It is unlawful for a person knowingly to:
(A) make any false statement, representation, or
certification in an application form, or form
pertaining to, a National Pollutant Discharge
Elimination System (NPDES) permit;
(B) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any such permit or with any discharge which is
subject to the provisions of subsection (f) of Section

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12 of this Act;
(C) make any false statement, representation, or
certification in any form, notice, or report
pertaining to a CAAPP permit under Section 39.5 of this
Act;
(D) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any CAAPP permit or with any emission which is
subject to the provisions of Section 39.5 of this Act;
or
(E) violate subsection 6 of Section 39.5 of this
Act or any CAAPP permit, or term or condition thereof,
or any fee or filing requirement.
(5) A person convicted of a violation of paragraph
subdivision (4) of this subsection commits a Class A
misdemeanor, and in addition to any other penalties
provided by law is subject to a fine not to exceed $10,000
for each day of violation.
(k) Criminal operation of a hazardous waste or PCB
incinerator.
(1) A person commits the offense of criminal operation
of a hazardous waste or PCB incinerator when, in the course
of operating a hazardous waste or PCB incinerator, he
knowingly and without justification operates the
incinerator (i) without an Agency permit, or in knowing

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violation of the terms of an Agency permit, and (ii) as a
result of such violation, knowingly places any person in
danger of great bodily harm or knowingly creates an
immediate or long term material danger to the public health
or the environment.
(2) Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for the
first time commits a Class 4 felony and, in addition to any
other penalties prescribed by law, shall be subject to a
fine not to exceed $100,000 for each day of the offense.
Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for a
second or subsequent time commits a Class 3 felony and, in
addition to any other penalties prescribed by law, shall be
subject to a fine not to exceed $250,000 for each day of
the offense.
(3) For the purpose of this subsection (k), the term
"hazardous waste or PCB incinerator" means a pollution
control facility at which either hazardous waste or PCBs,
or both, are incinerated. "PCBs" means any substance or
mixture of substances that contains one or more
polychlorinated biphenyls in detectable amounts.
(l) It shall be the duty of all State and local law
enforcement officers to enforce this Act and the regulations
adopted hereunder, and all such officers shall have authority

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to issue citations for such violations.
(m) Any action brought under this Section shall be brought
by the State's Attorney of the county in which the violation
occurred, or by the Attorney General, and shall be conducted in
accordance with the applicable provisions of the Code of
Criminal Procedure of 1963.
(n) For an offense described in this Section, the period
for commencing prosecution prescribed by the statute of
limitations shall not begin to run until the offense is
discovered by or reported to a State or local agency having the
authority to investigate violations of this Act.
(o) In addition to any other penalties provided under this
Act, if a person is convicted of (or agrees to a settlement in
an enforcement action over) illegal dumping of waste on the
person's own property, the Attorney General, the Agency, or
local prosecuting authority shall file notice of the
conviction, finding, or agreement in the office of the Recorder
in the county in which the landowner lives.
(p) Criminal Disposal of Waste.
(1) A person commits the offense of Criminal Disposal
of Waste when he or she:
(A) if required to have a permit under subsection

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(d) of Section 21 of this Act, knowingly conducts a
waste-storage, waste-treatment, or waste-disposal
operation in a quantity that exceeds 250 cubic feet of
waste without a permit; or
(B) knowingly conducts open dumping of waste in
violation of subsection (a) of Section 21 of this Act.
(2) (A) A person who is convicted of a violation of
subparagraph item (A) of paragraph subdivision (1) of this
subsection is guilty of a Class 4 felony for a first
offense and, in addition to any other penalties provided by
law, is subject to a fine not to exceed $25,000 for each
day of violation. A person who is convicted of a violation
of subparagraph item (A) of paragraph subdivision (1) of
this subsection is guilty of a Class 3 felony for a second
or subsequent offense and, in addition to any other
penalties provided by law, is subject to a fine not to
exceed $50,000 for each day of violation.
(B) A person who is convicted of a violation of
subparagraph item (B) of paragraph subdivision (1) of
this subsection is guilty of a Class A misdemeanor.
However, a person who is convicted of a second or
subsequent violation of subparagraph item (B) of
paragraph subdivision (1) of this subsection for the
open dumping of waste in a quantity that exceeds 250
cubic feet or that exceeds 50 waste tires is guilty of
a Class 4 felony and, in addition to any other

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penalties provided by law, is subject to a fine not to
exceed $25,000 $5,000 for each day of violation.
(Source: P.A. 96-603, eff. 8-24-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.