Bill Text: IL HB4021 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to evaluate the release of contaminants if it determines that the extent of soil, soil gas, or groundwater contamination may extend beyond the boundary of the site where the release occurred (now, only if "soil or groundwater contamination may extend beyond the boundary of the site where the release occurred"). Requires the Environmental Protection Agency to notify the owner of the contaminated property if soil contamination beyond the boundary of the site where the release occurred, soil gas contamination beyond the boundary of the site where the release occurred, or both pose a threat of exposure to the public above the appropriate Tier 1 remediation objectives (now, the owner of the contaminated property must be contacted only about "soil contamination beyond the boundary of the site where the release occurred"). Defines "soil gas". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0603 [HB4021 Detail]

Download: Illinois-2009-HB4021-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 Sections 15, 25d-1, 25d-2, 25d-3, 42, and 44 and by
adding Section 18.1 as follows:
(415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
Sec. 15. Plans and specifications; demonstration of
capability; record retention.
(a) Owners of public water supplies, their authorized
representative, or legal custodians, shall submit plans and
specifications to the Agency and obtain written approval before
construction of any proposed public water supply
installations, changes, or additions is started. Plans and
specifications shall be complete and of sufficient detail to
show all proposed construction, changes, or additions that may
affect sanitary quality, mineral quality, or adequacy of the
public water supply; and, where necessary, said plans and
specifications shall be accompanied by supplemental data as may
be required by the Agency to permit a complete review thereof.
(b) All new public water supplies established after October
1, 1999 shall demonstrate technical, financial, and managerial
capacity as a condition for issuance of a construction or

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operation permit by the Agency or its designee. The
demonstration shall be consistent with the technical,
financial, and managerial provisions of the federal Safe
Drinking Water Act (P.L. 93-523), as now or hereafter amended.
The Agency is authorized to adopt rules in accordance with the
Illinois Administrative Procedure Act to implement the
purposes of this subsection. Such rules must take into account
the need for the facility, facility size, sophistication of
treatment of the water supply, and financial requirements
needed for operation of the facility.
(c) Except as otherwise provided under Board rules, owners
and operators of community water systems must maintain all
records, reports, and other documents related to the operation
of the community water system for a minimum of 10 years.
Documents required to be maintained under this subsection (c)
include, but are not limited to, all billing records and other
documents related to the purchase of water from other community
water systems. Documents required to be maintained under this
subsection (c) must be maintained on the premises of the
community water system, or at a convenient location near its
premises, and must be made available to the Agency for
inspection and copying during normal business hours.
(Source: P.A. 92-651, eff. 7-11-02.)
(415 ILCS 5/18.1 new)
Sec. 18.1. Public Notice.

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(a) If any of the actions listed in paragraph (1) or (2) of
this subsection (a) occur in relation to the ownership or
operation of a community water system, the Agency shall, within
2 days after the action, provide public notice of the action by
issuing a press release and posting the press release on the
Agency's website:
(1) The Agency refers a matter for enforcement under
Section 43 of this Act.
(2) The Agency issues a seal order under subsection (a)
of Section 34 of this Act.
(b) Within 5 days after the occurrence of any action that
is listed in paragraph (1) or (2) of subsection (a) of this
Section and that is related to the ownership or operation of a
community water system, the Agency must provide notice of the
action to the owner and the operator of the community water
system and the owners and operators of all connected community
water systems. The notice must be printed on Agency letterhead
and describe the action being taken and the basis for the
action. Within 5 business days after receiving such notice from
the Agency under this subsection (b), the owner or operator of
the community water system and the owners or operators of all
connected community water systems must send, to all residents
and owners of premises connected to the affected community
water system or portion thereof designated by the Agency: (i) a
copy of the notice by first-class mail or by e-mail; or (ii)
notification, in a form approved by the Agency, via first-class

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postcard, text message, or telephone; except that notices to
institutional residents, including, but not limited to,
residents of school dormitories, nursing homes, and assisted
care facilities, may be made to the owners and operators of
those institutions, and the owners or operators of those
institutions shall notify their residents in the same manner as
prescribed in this subsection for owners and operators of
community water systems. If the manner for notice selected by
the owner or operator of the community water system does not
include a written copy of the notice provided by the Agency,
the owner or operator shall include a written copy of the
notice provided by the Agency in the next water bill sent to
the residents and owners of the premises; provided, however, if
the water bill is sent on a postcard, no written copy of the
notice provided by the Agency is required if the postcard
includes the Internet address for the notice posted on the
Agency's website. The front of the envelope or postcard in
which any such notice is sent to residents and owners of
premises connected to the community water system shall carry
the following text in at least 18 point font: PUBLIC HEALTH
NOTICE - READ IMMEDIATELY. For a postcard, text message, or
telephonic communication, the Agency shall specify the minimum
information that the owner or operator must include in such
methods of notice. Within 7 days after the owner or operator of
the community water system sends the notices to all residents
and owners of premises connected to the affected community

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water system, the owner or operator shall provide the Agency
with proof that the notices have been sent.
(415 ILCS 5/25d-1)
Sec. 25d-1. Definitions. For the purposes of this Title,
the terms "community water system", "non-community water
system", "potable", "private water system", and "semi-private
water system" have the meanings ascribed to them in the
Illinois Groundwater Protection Act. For the purposes of this
Title, the term "soil gas" means the air existing in void
spaces in the soil between the groundwater table and the ground
surface.
(Source: P.A. 94-314, eff. 7-25-05.)
(415 ILCS 5/25d-2)
Sec. 25d-2. Contaminant evaluation. The Agency shall
evaluate releases of contaminants whenever it determines that
the extent of soil, soil gas, or groundwater contamination may
extend beyond the boundary of the site where the release
occurred. The Agency shall take appropriate actions in response
to the release, which may include, but shall not be limited to,
public notices, investigations, administrative orders under
Sections 22.2d or 57.12(d) of this Act, and enforcement
referrals. Except as provided in Section 25d-3 of this Act, for
releases undergoing investigation or remediation under Agency
oversight the Agency may determine that no further action is

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necessary to comply with this Section.
(Source: P.A. 94-314, eff. 7-25-05.)
(415 ILCS 5/25d-3)
Sec. 25d-3. Notices.
(a) Beginning January 1, 2006, if the Agency determines
that:
(1) Soil contamination beyond the boundary of the site
where the release occurred, soil gas contamination beyond
the boundary of the site where the release occurred, or
both pose poses a threat of exposure to the public above
the appropriate Tier 1 remediation objectives, based on the
current use of the off-site property, adopted by the Board
under Title XVII of this Act, the Agency shall give notice
of the threat to the owner of the contaminated property; or
(2) Groundwater contamination poses a threat of
exposure to the public above the Class I groundwater
quality standards adopted by the Board under this Act and
the Groundwater Protection Act, the Agency shall give
notice of the threat to the following:
(A) for any private, semi-private, or
non-community water system, the owners of the
properties served by the system; and
(B) for any community water system,
(i) the owners and operators of the system; and
(ii) the residents and owners of premises

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connected to the affected community water system;
and
(iii) the residents and owners of premises
connected to water systems receiving water from
the affected community water system.
The Agency's determination must be based on the credible,
scientific information available to it, and the Agency is not
required to perform additional investigations or studies
beyond those required by applicable federal or State laws.
For notices required under subparagraph (B) of paragraph
(2) of subsection (a), the Agency shall (i) within 2 days after
determining that groundwater contamination poses a threat of
exposure to the public above the Class I groundwater quality
standards, provide notice of the determination by issuing a
press release and posting the press release on the Agency's
website and (ii) within 5 days after the determination, provide
the owner and operator of the community water system and the
owners and operators of all connected community water systems
with a notice printed on Agency letterhead that identifies the
contaminant posing the threat, the level of contamination
found, and possible human health effects associated with
exposure to the contaminant. Within 5 business days after
receiving a notice from the Agency under this paragraph, the
owner or operator of the community water system must send, to
all residents and owners of premises connected to the affected
community water system: (i) a copy of the notice by first-class

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mail or by e-mail; or (ii) notification, in a form approved by
the Agency, via first-class postcard, text message, or
telephone; except that notices to institutional residents,
including, but not limited to, residents of school dormitories,
nursing homes, and assisted care facilities, may be made to the
owners and operators of those institutions, and the owner or
operator of those institutions shall notify their residents in
the same manner as prescribed in this subsection for owners and
operators of community water systems. If the manner for notice
selected by the owner or operator of the community water system
does not include a written copy of the notice provided by the
Agency, the owner or operator shall include a written copy of
the notice provided by the Agency in the next water bill sent
to the residents and owners of the premises; provided, however,
if the water bill is sent on a postcard, no written copy of the
notice provided by the Agency is required if the postcard
includes the Internet address for the notice posted on the
Agency's website. The front of the envelope or postcard in
which any such notice is sent to residents and owners of
premises connected to the affected community water system shall
carry the following text in at least 18 point font: PUBLIC
HEALTH NOTICE - READ IMMEDIATELY. For a postcard, text message,
or telephonic communication, the Agency shall specify the
minimum information that the owner or operator must include in
such methods of notice. Within 7 days after the owner or
operator of the community water system sends the notices to

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residents and owners of premises connected to the community
water system, the owner or operator shall provide the Agency
with proof that the notices have been sent. The notices
required under subparagraph (B) of paragraph (2) of subsection
(a) shall be provided whether or not the threat of exposure has
been eliminated.
(b) Beginning January 1, 2006, if any of the following
actions occur: (i) the Agency refers a matter for enforcement
under Section 43(a) of this Act; (ii) the Agency issues a seal
order under Section 34 of this Act; or (iii) the Agency, the
United States Environmental Protection Agency (USEPA), or a
third party under Agency or USEPA oversight performs an
immediate removal under the federal Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended, then, within 60 days after the action, the Agency must
give notice of the action to the owners of all property within
2,500 feet of the subject contamination or any closer or
farther distance that the Agency deems appropriate under the
circumstances. Within 30 days after a request by the Agency,
the appropriate officials of the county in which the property
is located must provide to the Agency the names and addresses
of all property owners to whom the Agency is required to give
notice under this subsection (b), these owners being the
persons or entities that appear from the authentic tax records
of the county.
(c) In addition to the notice requirements of subsection

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(a) of this Section, the The methods by which the Agency gives
the notices required under this Section shall be determined in
consultation with members of the public and appropriate members
of the regulated community and may include, but shall not be
limited to, personal notification, public meetings, signs,
electronic notification, and print media. For sites at which a
responsible party has implemented a community relations plan,
the Agency may allow the responsible party to provide
Agency-approved notices in lieu of the notices required to be
given by the Agency. Notices issued under this Section may
contain the following information:
(1) the name and address of the site or facility where
the release occurred or is suspected to have occurred;
(2) the identification of the contaminant released or
suspected to have been released;
(3) information as to whether the contaminant was
released or suspected to have been released into the air,
land, or water;
(4) a brief description of the potential adverse health
effects posed by the contaminant;
(5) a recommendation that water systems with wells
impacted or potentially impacted by the contaminant be
appropriately tested; and
(6) the name, business address, and phone number of
persons at the Agency from whom additional information
about the release or suspected release can be obtained.

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(d) Any person who is a responsible party with respect to
the release or substantial threat of release for which notice
is given under this Section is liable for all reasonable costs
incurred by the State in giving the notice. All moneys received
by the State under this subsection (d) for costs related to
releases and substantial threats of releases of hazardous
substances, pesticides, and petroleum other than releases and
substantial threats of releases of petroleum from underground
storage tanks subject to Title XVI of this Act must be
deposited in and used for purposes consistent with the
Hazardous Waste Fund. All moneys received by the State under
this subsection (d) for costs related to releases and
substantial threats of releases of petroleum from underground
storage tanks subject to Title XVI of this Act must be
deposited in and used for purposes consistent with the
Underground Storage Tank Fund.
(Source: P.A. 94-314, eff. 7-25-05; 95-454, eff. 8-27-07.)
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
Sec. 42. Civil penalties.
(a) Except as provided in this Section, any person that
violates any provision of this Act or any regulation adopted by
the Board, or any permit or term or condition thereof, or that
violates any order of the Board pursuant to this Act, shall be
liable for a civil penalty of not to exceed $50,000 for the
violation and an additional civil penalty of not to exceed

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$10,000 for each day during which the violation continues; such
penalties may, upon order of the Board or a court of competent
jurisdiction, be made payable to the Environmental Protection
Trust Fund, to be used in accordance with the provisions of the
Environmental Protection Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person that violates Section 12(f) of this Act
or any NPDES permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
NPDES permit program, shall be liable to a civil penalty of
not to exceed $10,000 per day of violation.
(2) Any person that violates Section 12(g) of this Act
or any UIC permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
State UIC program for all wells, except Class II wells as
defined by the Board under this Act, shall be liable to a
civil penalty not to exceed $2,500 per day of violation;
provided, however, that any person who commits such
violations relating to the State UIC program for Class II
wells, as defined by the Board under this Act, shall be
liable to a civil penalty of not to exceed $10,000 for the
violation and an additional civil penalty of not to exceed
$1,000 for each day during which the violation continues.
(3) Any person that violates Sections 21(f), 21(g),
21(h) or 21(i) of this Act, or any RCRA permit or term or

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condition thereof, or any filing requirement, regulation
or order relating to the State RCRA program, shall be
liable to a civil penalty of not to exceed $25,000 per day
of violation.
(4) In an administrative citation action under Section
31.1 of this Act, any person found to have violated any
provision of subsection (o) of Section 21 of this Act shall
pay a civil penalty of $500 for each violation of each such
provision, plus any hearing costs incurred by the Board and
the Agency. Such penalties shall be made payable to the
Environmental Protection Trust Fund, to be used in
accordance with the provisions of the Environmental
Protection Trust Fund Act; except that if a unit of local
government issued the administrative citation, 50% of the
civil penalty shall be payable to the unit of local
government.
(4-5) In an administrative citation action under
Section 31.1 of this Act, any person found to have violated
any provision of subsection (p) of Section 21 of this Act
shall pay a civil penalty of $1,500 for each violation of
each such provision, plus any hearing costs incurred by the
Board and the Agency, except that the civil penalty amount
shall be $3,000 for each violation of any provision of
subsection (p) of Section 21 that is the person's second or
subsequent adjudication violation of that provision. The
penalties shall be deposited into the Environmental

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Protection Trust Fund, to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act;
except that if a unit of local government issued the
administrative citation, 50% of the civil penalty shall be
payable to the unit of local government.
(5) Any person who violates subsection 6 of Section
39.5 of this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement, or any duty to
allow or carry out inspection, entry or monitoring
activities, or any regulation or order relating to the
CAAPP shall be liable for a civil penalty not to exceed
$10,000 per day of violation.
(6) Any owner or operator of a community water system
that violates subsection (b) of Section 18.1 or subsection
(a) of Section 25d-3 of this Act shall, for each day of
violation, be liable for a civil penalty not to exceed $5
for each of the premises connected to the affected
community water system.
(b.5) In lieu of the penalties set forth in subsections (a)
and (b) of this Section, any person who fails to file, in a
timely manner, toxic chemical release forms with the Agency
pursuant to Section 25b-2 of this Act shall be liable for a
civil penalty of $100 per day for each day the forms are late,
not to exceed a maximum total penalty of $6,000. This daily
penalty shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the

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Agency pursuant to Section 25b-6 of this Act; and the penalty
shall be paid to the Agency. The daily accrual of penalties
shall cease as of January 1 of the following year. All
penalties collected by the Agency pursuant to this subsection
shall be deposited into the Environmental Protection Permit and
Inspection Fund.
(c) Any person that violates this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order and causes the death
of fish or aquatic life shall, in addition to the other
penalties provided by this Act, be liable to pay to the State
an additional sum for the reasonable value of the fish or
aquatic life destroyed. Any money so recovered shall be placed
in the Wildlife and Fish Fund in the State Treasury.
(d) The penalties provided for in this Section may be
recovered in a civil action.
(e) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his own motion, institute a civil
action for an injunction, prohibitory or mandatory, to restrain
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order, or to require such other actions as may be
necessary to address violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order.

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(f) The State's Attorney of the county in which the
violation occurred, or the Attorney General, shall bring such
actions in the name of the people of the State of Illinois.
Without limiting any other authority which may exist for the
awarding of attorney's fees and costs, the Board or a court of
competent jurisdiction may award costs and reasonable
attorney's fees, including the reasonable costs of expert
witnesses and consultants, to the State's Attorney or the
Attorney General in a case where he has prevailed against a
person who has committed a wilful, knowing or repeated
violation of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order.
Any funds collected under this subsection (f) in which the
Attorney General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any
funds collected under this subsection (f) in which a State's
Attorney has prevailed shall be retained by the county in which
he serves.
(g) All final orders imposing civil penalties pursuant to
this Section shall prescribe the time for payment of such
penalties. If any such penalty is not paid within the time
prescribed, interest on such penalty at the rate set forth in
subsection (a) of Section 1003 of the Illinois Income Tax Act,
shall be paid for the period from the date payment is due until
the date payment is received. However, if the time for payment

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is stayed during the pendency of an appeal, interest shall not
accrue during such stay.
(h) In determining the appropriate civil penalty to be
imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
(b)(5) of this Section, the Board is authorized to consider any
matters of record in mitigation or aggravation of penalty,
including but not limited to the following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent in attempting to comply with
requirements of this Act and regulations thereunder or to
secure relief therefrom as provided by this Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements, in which
case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance;
(4) the amount of monetary penalty which will serve to
deter further violations by the respondent and to otherwise
aid in enhancing voluntary compliance with this Act by the
respondent and other persons similarly subject to the Act;
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section, the
non-compliance to the Agency; and

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(7) whether the respondent has agreed to undertake a
"supplemental environmental project," which means an
environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action
brought under this Act, but which the respondent is not
otherwise legally required to perform.
In determining the appropriate civil penalty to be imposed
under subsection (a) or paragraph (1), (2), (3), or (5) of
subsection (b) of this Section, the Board shall ensure, in all
cases, that the penalty is at least as great as the economic
benefits, if any, accrued by the respondent as a result of the
violation, unless the Board finds that imposition of such
penalty would result in an arbitrary or unreasonable financial
hardship. However, such civil penalty may be off-set in whole
or in part pursuant to a supplemental environmental project
agreed to by the complainant and the respondent.
(i) A person who voluntarily self-discloses non-compliance
to the Agency, of which the Agency had been unaware, is
entitled to a 100% reduction in the portion of the penalty that
is not based on the economic benefit of non-compliance if the
person can establish the following:
(1) that the non-compliance was discovered through an
environmental audit or a compliance management system
documented by the regulated entity as reflecting the
regulated entity's due diligence in preventing, detecting,
and correcting violations;

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(2) that the non-compliance was disclosed in writing
within 30 days of the date on which the person discovered
it;
(3) that the non-compliance was discovered and
disclosed prior to:
(i) the commencement of an Agency inspection,
investigation, or request for information;
(ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
Illinois Attorney General, or the State's Attorney of
the county in which the violation occurred;
(iv) the reporting of the non-compliance by an
employee of the person without that person's
knowledge; or
(v) imminent discovery of the non-compliance by
the Agency;
(4) that the non-compliance is being corrected and any
environmental harm is being remediated in a timely fashion;
(5) that the person agrees to prevent a recurrence of
the non-compliance;
(6) that no related non-compliance events have
occurred in the past 3 years at the same facility or in the
past 5 years as part of a pattern at multiple facilities
owned or operated by the person;
(7) that the non-compliance did not result in serious
actual harm or present an imminent and substantial

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endangerment to human health or the environment or violate
the specific terms of any judicial or administrative order
or consent agreement;
(8) that the person cooperates as reasonably requested
by the Agency after the disclosure; and
(9) that the non-compliance was identified voluntarily
and not through a monitoring, sampling, or auditing
procedure that is required by statute, rule, permit,
judicial or administrative order, or consent agreement.
If a person can establish all of the elements under this
subsection except the element set forth in paragraph (1) of
this subsection, the person is entitled to a 75% reduction in
the portion of the penalty that is not based upon the economic
benefit of non-compliance.
(j) In addition to an other remedy or penalty that may
apply, whether civil or criminal, any person who violates
Section 22.52 of this Act shall be liable for an additional
civil penalty of up to 3 times the gross amount of any
pecuniary gain resulting from the violation.
(Source: P.A. 94-272, eff. 7-19-05; 94-580, eff. 8-12-05;
95-331, eff. 8-21-07.)
(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

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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
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.

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(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
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

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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
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 subdivision (1)(D) is guilty of a Class A
misdemeanor. In addition to any other penalties prescribed
by law, a person convicted of violating 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
is convicted of violating 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

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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
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.

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(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
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

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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
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,

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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
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

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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
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

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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
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

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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
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 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

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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
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

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"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
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.

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(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
(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
item (A) of 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 item (A) of 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
item (B) of 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
item (B) of subdivision (1) of this subsection for the
open dumping of waste in a quantity that exceeds 250

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cubic feet is guilty of a Class 4 felony and, in
addition to any other penalties provided by law, is
subject to a fine not to exceed $5,000 for each day of
violation.
(Source: P.A. 94-286, eff. 7-21-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.