Bill Text: IL HB6153 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Environmental Protection Act. Specifies that any site or facility for the treatment, storage, or disposal of a hazardous waste is a pollution control facility. Provides that, if a new pollution control facility is to be located above an aquifer, then local siting approval must be obtained by the county board of each county located, in whole or part, within the aquifer's boundaries and the governing body of each municipality located, in whole or part, within the aquifer's boundaries
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Failed) 2013-01-08 - Session Sine Die [HB6153 Detail]
Download: Illinois-2011-HB6153-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 6153
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 6153 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | adding Section 21.7 and by changing Section 44 as follows:
| ||||||
6 | (415 ILCS 5/21.7 new) | ||||||
7 | Sec. 21.7. Disposal of polychlorinated biphenyls in sites | ||||||
8 | and facilities that threaten a source of potable water for a | ||||||
9 | community water supply. Notwithstanding any other provision of | ||||||
10 | this Act or any other law to the contrary, notwithstanding any | ||||||
11 | permits granted by the Agency before the effective date of this | ||||||
12 | amendatory Act of the 97th General Assembly, notwithstanding | ||||||
13 | any approval granted by the U.S. Environmental Protection | ||||||
14 | Agency pursuant to Subpart D of 40 C.F.R. 761, and in order to | ||||||
15 | prevent a public health emergency that might arise from the | ||||||
16 | introduction of polychlorinated biphenyls (PCBs) into a source |
| |||||||
| |||||||
1 | of potable water for a community water supply, no person shall, | ||||||
2 | on or after the effective date of this amendatory Act of the | ||||||
3 | 97th General Assembly, dispose of, or accept for disposal, PCBs | ||||||
4 | or PCB Items regulated under Subpart D of 40 C.F.R. 761 at a | ||||||
5 | site or facility less than 500 feet above an aquifer that | ||||||
6 | currently provides the only source of potable water for a | ||||||
7 | community water supply serving a municipality with a population | ||||||
8 | in excess of the entire population of the county where the site | ||||||
9 | or facility is located, according to the last U.S. Decennial | ||||||
10 | Census.
| ||||||
11 | (415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| ||||||
12 | Sec. 44. Criminal acts; penalties.
| ||||||
13 | (a) Except as otherwise provided in this Section, it shall | ||||||
14 | be
a Class A misdemeanor to violate this Act or
regulations | ||||||
15 | thereunder, or any permit or term or condition thereof, or
| ||||||
16 | knowingly to submit any false information under this Act or | ||||||
17 | regulations
adopted thereunder, or under any permit or term or | ||||||
18 | condition thereof.
A court may, in addition to any other | ||||||
19 | penalty herein imposed, order a person
convicted of any | ||||||
20 | violation of this Act to perform
community service for not less | ||||||
21 | than 100 hours and not more than 300 hours if
community service | ||||||
22 | is available in the jurisdiction.
It shall be the duty of all | ||||||
23 | State and local law-enforcement officers to
enforce such Act | ||||||
24 | and regulations, and all such officers shall have
authority to | ||||||
25 | issue citations for such violations.
|
| |||||||
| |||||||
1 | (b) Calculated Criminal Disposal of Hazardous Waste.
| ||||||
2 | (1) A person commits the offense of Calculated Criminal | ||||||
3 | Disposal of
Hazardous Waste when, without lawful | ||||||
4 | justification, he knowingly disposes
of hazardous waste | ||||||
5 | while knowing that he thereby places another
person in | ||||||
6 | danger of great bodily harm or creates an immediate or | ||||||
7 | long-term
danger to the public health or the environment.
| ||||||
8 | (2) Calculated Criminal Disposal of Hazardous Waste is | ||||||
9 | a Class 2 felony.
In addition to any other penalties | ||||||
10 | prescribed by law, a person convicted
of the offense of | ||||||
11 | Calculated Criminal Disposal of Hazardous Waste is subject
| ||||||
12 | to a fine not to exceed $500,000 for each day of such | ||||||
13 | offense.
| ||||||
14 | (c) Criminal Disposal of Hazardous Waste.
| ||||||
15 | (1) A person commits the offense of Criminal Disposal | ||||||
16 | of Hazardous Waste
when, without lawful justification, he | ||||||
17 | knowingly disposes of hazardous waste.
| ||||||
18 | (2) Criminal Disposal of Hazardous Waste is a Class 3 | ||||||
19 | felony. In addition
to any other penalties prescribed by | ||||||
20 | law, a person convicted of the offense
of Criminal Disposal | ||||||
21 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
22 | $250,000 for each day of such offense.
| ||||||
23 | (d) Unauthorized Use of Hazardous Waste.
|
| |||||||
| |||||||
1 | (1) A person commits the offense of Unauthorized Use of | ||||||
2 | Hazardous Waste
when he, being required to have a permit, | ||||||
3 | registration, or license under
this Act or any
other law | ||||||
4 | regulating the treatment, transportation, or storage of | ||||||
5 | hazardous
waste, knowingly:
| ||||||
6 | (A) treats, transports, or stores any hazardous | ||||||
7 | waste without such
permit, registration, or license;
| ||||||
8 | (B) treats, transports, or stores any hazardous | ||||||
9 | waste in violation of
the terms and conditions of such | ||||||
10 | permit or license;
| ||||||
11 | (C) transports any hazardous waste to a facility | ||||||
12 | which does not have a
permit or license required under | ||||||
13 | this Act; or
| ||||||
14 | (D) transports by vehicle any hazardous waste | ||||||
15 | without having in
each vehicle credentials issued to | ||||||
16 | the transporter by the transporter's base
state | ||||||
17 | pursuant to procedures established under the Uniform | ||||||
18 | Program.
| ||||||
19 | (2) A person who is convicted of a violation of | ||||||
20 | subparagraph (A), (B), or (C) of paragraph (1) of this | ||||||
21 | subsection is guilty of a Class 4 felony. A person who
is | ||||||
22 | convicted of a violation of subparagraph (D) of paragraph | ||||||
23 | (1) of this subsection is guilty of a Class A
misdemeanor. | ||||||
24 | In addition to any other penalties prescribed by law, a | ||||||
25 | person
convicted of violating subparagraph (A), (B), or (C) | ||||||
26 | of paragraph (1) of this subsection is subject to
a fine |
| |||||||
| |||||||
1 | not to exceed $100,000 for each day of such violation, and | ||||||
2 | a
person who is convicted of violating subparagraph (D) of | ||||||
3 | paragraph (1) of this subsection is subject to a
fine not | ||||||
4 | to exceed $1,000.
| ||||||
5 | (e) Unlawful Delivery of Hazardous Waste.
| ||||||
6 | (1) Except as authorized by this Act or the federal | ||||||
7 | Resource
Conservation and Recovery Act, and the | ||||||
8 | regulations promulgated thereunder,
it is unlawful for any | ||||||
9 | person to knowingly deliver hazardous waste.
| ||||||
10 | (2) Unlawful Delivery of Hazardous Waste is a Class 3 | ||||||
11 | felony. In
addition to any other penalties prescribed by | ||||||
12 | law, a person convicted of
the offense of Unlawful Delivery | ||||||
13 | of Hazardous Waste is subject to a fine
not to exceed | ||||||
14 | $250,000 for each such violation.
| ||||||
15 | (3) For purposes of this Section, "deliver" or | ||||||
16 | "delivery" means the
actual, constructive, or attempted | ||||||
17 | transfer of possession of hazardous
waste, with or without | ||||||
18 | consideration, whether or not there is an agency
| ||||||
19 | relationship.
| ||||||
20 | (f) Reckless Disposal of Hazardous Waste.
| ||||||
21 | (1) A person commits Reckless Disposal of Hazardous | ||||||
22 | Waste if he disposes
of hazardous waste, and his acts which | ||||||
23 | cause the hazardous waste to be disposed
of, whether or not | ||||||
24 | those acts are undertaken pursuant to or under color
of any |
| |||||||
| |||||||
1 | permit or license, are performed with a conscious disregard | ||||||
2 | of a
substantial and unjustifiable risk that such disposing | ||||||
3 | of
hazardous waste is a gross deviation from the standard | ||||||
4 | of care which a
reasonable person would exercise in the | ||||||
5 | situation.
| ||||||
6 | (2) Reckless Disposal of Hazardous Waste is a Class 4 | ||||||
7 | felony. In addition
to any other penalties prescribed by | ||||||
8 | law, a person convicted of the offense
of Reckless Disposal | ||||||
9 | of Hazardous Waste is subject to a fine not to exceed
| ||||||
10 | $50,000 for each day of such offense.
| ||||||
11 | (g) Concealment of Criminal Disposal of Hazardous Waste.
| ||||||
12 | (1) A person commits the offense of Concealment of | ||||||
13 | Criminal Disposal
of Hazardous Waste when he conceals, | ||||||
14 | without lawful justification, the disposal
of hazardous | ||||||
15 | waste with the knowledge that such hazardous waste has been
| ||||||
16 | disposed of in violation of this Act.
| ||||||
17 | (2) Concealment of Criminal Disposal of a Hazardous | ||||||
18 | Waste is a Class
4 felony. In addition to any other | ||||||
19 | penalties prescribed by law, a person
convicted of the | ||||||
20 | offense of Concealment of Criminal Disposal of Hazardous
| ||||||
21 | Waste is subject to a fine not to exceed $50,000 for each | ||||||
22 | day of such offense.
| ||||||
23 | (h) Violations; False Statements.
| ||||||
24 | (1) Any person who knowingly makes a false material |
| |||||||
| |||||||
1 | statement in an
application for a permit or license | ||||||
2 | required by this Act to treat, transport,
store, or dispose | ||||||
3 | of hazardous waste commits the offense of perjury and
shall | ||||||
4 | be subject to the penalties set forth in Section 32-2 of | ||||||
5 | the Criminal
Code of 1961.
| ||||||
6 | (2) Any person who knowingly makes a false material | ||||||
7 | statement or
representation in any label, manifest, | ||||||
8 | record, report, permit or license,
or other document filed, | ||||||
9 | maintained, or used for the purpose of compliance
with this | ||||||
10 | Act in connection with the generation, disposal, | ||||||
11 | treatment,
storage, or transportation of hazardous waste | ||||||
12 | commits a Class 4 felony. A
second or any subsequent | ||||||
13 | offense after conviction hereunder is a Class 3
felony.
| ||||||
14 | (3) Any person who knowingly destroys, alters, or | ||||||
15 | conceals any record
required to be made by this Act in | ||||||
16 | connection with the disposal, treatment,
storage, or | ||||||
17 | transportation of hazardous waste commits a Class 4 felony.
| ||||||
18 | A second or any subsequent offense after a conviction | ||||||
19 | hereunder is a
Class 3 felony.
| ||||||
20 | (4) Any person who knowingly makes a false material | ||||||
21 | statement or
representation in any application, bill, | ||||||
22 | invoice, or other document filed,
maintained, or used for | ||||||
23 | the purpose of receiving money from the Underground
Storage | ||||||
24 | Tank Fund commits a Class 4 felony. A second or any | ||||||
25 | subsequent
offense after conviction hereunder is a Class 3 | ||||||
26 | felony.
|
| |||||||
| |||||||
1 | (5) Any person who knowingly destroys, alters, or | ||||||
2 | conceals any record
required to be made or maintained by | ||||||
3 | this Act or required to be made or
maintained by Board or | ||||||
4 | Agency rules for the purpose of receiving money from
the | ||||||
5 | Underground Storage Tank Fund commits a Class 4 felony. A | ||||||
6 | second or any
subsequent offense after a conviction | ||||||
7 | hereunder is a Class 3 felony.
| ||||||
8 | (6) A person who knowingly and falsely certifies under | ||||||
9 | Section 22.48
that an industrial process waste or pollution | ||||||
10 | control waste is not special
waste commits a Class 4 felony | ||||||
11 | for a first offense and commits a Class 3 felony
for a | ||||||
12 | second or subsequent offense.
| ||||||
13 | (7) In addition to any other penalties prescribed by | ||||||
14 | law, a person
convicted of violating this subsection (h) is | ||||||
15 | subject to a fine not to
exceed $50,000 for each day of | ||||||
16 | such violation.
| ||||||
17 | (8) Any person who knowingly makes a false, fictitious, | ||||||
18 | or fraudulent material statement, orally or in writing, to | ||||||
19 | the Agency, or to a unit of local government to which the | ||||||
20 | Agency has delegated authority under subsection (r) of | ||||||
21 | Section 4 of this Act, related to or required by this Act, | ||||||
22 | a regulation adopted under this Act, any federal law or | ||||||
23 | regulation for which the Agency has responsibility, or any | ||||||
24 | permit, term, or condition thereof, commits a Class 4 | ||||||
25 | felony, and each such statement or writing shall be | ||||||
26 | considered a separate Class 4 felony. A person who, after |
| |||||||
| |||||||
1 | being convicted under this paragraph (8), violates this | ||||||
2 | paragraph (8) a second or subsequent time, commits a Class | ||||||
3 | 3 felony.
| ||||||
4 | (i) Verification.
| ||||||
5 | (1) Each application for a permit or license to dispose
| ||||||
6 | of, transport, treat, store, or generate hazardous waste | ||||||
7 | under this Act
shall contain an affirmation that the facts | ||||||
8 | are true and are made under
penalty of perjury as defined | ||||||
9 | in Section 32-2 of the Criminal Code of 1961.
It is perjury | ||||||
10 | for a person to sign any such application for a permit or
| ||||||
11 | license which contains a false material statement, which he | ||||||
12 | does not believe
to be true.
| ||||||
13 | (2) Each request for money from the Underground Storage | ||||||
14 | Tank Fund
shall contain an affirmation that the facts are | ||||||
15 | true and are made under
penalty of perjury as defined in | ||||||
16 | Section 32-2 of the Criminal Code of 1961.
It is perjury | ||||||
17 | for a person to sign any request that contains a false
| ||||||
18 | material statement that he does not believe to be true.
| ||||||
19 | (j) Violations of Other Provisions.
| ||||||
20 | (1) It is unlawful for a person knowingly to violate:
| ||||||
21 | (A) subsection (f) of Section 12 of this Act;
| ||||||
22 | (B) subsection (g) of Section 12 of this Act;
| ||||||
23 | (C) any term or condition of any Underground | ||||||
24 | Injection Control (UIC)
permit;
|
| |||||||
| |||||||
1 | (D) any filing requirement, regulation, or order | ||||||
2 | relating to the State
Underground Injection Control | ||||||
3 | (UIC) program;
| ||||||
4 | (E) any provision of any regulation, standard, or | ||||||
5 | filing requirement
under subsection (b) of Section 13 | ||||||
6 | of this Act;
| ||||||
7 | (F) any provision of any regulation, standard, or | ||||||
8 | filing requirement
under subsection (b) of Section 39 | ||||||
9 | of this Act;
| ||||||
10 | (G) any National Pollutant Discharge Elimination | ||||||
11 | System (NPDES) permit
issued under this Act or any term | ||||||
12 | or condition of such permit;
| ||||||
13 | (H) subsection (h) of Section 12 of this Act;
| ||||||
14 | (I) subsection 6 of Section 39.5 of this Act;
| ||||||
15 | (J) any provision of any regulation, standard or | ||||||
16 | filing requirement
under Section 39.5 of this Act;
| ||||||
17 | (K) a provision of the Procedures for Asbestos | ||||||
18 | Emission Control in
subsection (c) of
Section 61.145 of | ||||||
19 | Title 40 of the Code of Federal Regulations; or | ||||||
20 | (L) the standard for waste disposal for | ||||||
21 | manufacturing, fabricating, demolition, renovation, | ||||||
22 | and spraying operations in Section 61.150 of Title 40 | ||||||
23 | of the Code of Federal Regulations.
| ||||||
24 | (2) A person convicted of a violation of subdivision | ||||||
25 | (1) of this
subsection commits a Class 4 felony, and in | ||||||
26 | addition to any other penalty
prescribed by law is subject |
| |||||||
| |||||||
1 | to a fine not to exceed $25,000 for each day
of such | ||||||
2 | violation.
| ||||||
3 | (3) A person who negligently violates the following | ||||||
4 | shall be subject
to a fine not to exceed $10,000 for each | ||||||
5 | day of such violation:
| ||||||
6 | (A) subsection (f) of Section 12 of this Act;
| ||||||
7 | (B) subsection (g) of Section 12 of this Act;
| ||||||
8 | (C) any provision of any regulation, standard, or | ||||||
9 | filing requirement
under subsection (b) of Section 13 | ||||||
10 | of this Act;
| ||||||
11 | (D) any provision of any regulation, standard, or | ||||||
12 | filing requirement
under subsection (b) of Section 39 | ||||||
13 | of this Act;
| ||||||
14 | (E) any National Pollutant Discharge Elimination | ||||||
15 | System (NPDES) permit
issued under this Act;
| ||||||
16 | (F) subsection 6 of Section 39.5 of this Act; or
| ||||||
17 | (G) any provision of any regulation, standard, or | ||||||
18 | filing requirement
under Section 39.5 of this Act.
| ||||||
19 | (4) It is unlawful for a person knowingly to:
| ||||||
20 | (A) make any false statement, representation, or | ||||||
21 | certification
in an application form, or form | ||||||
22 | pertaining to, a National Pollutant Discharge
| ||||||
23 | Elimination System (NPDES) permit;
| ||||||
24 | (B) render inaccurate any monitoring device or | ||||||
25 | record required by the
Agency or Board in connection | ||||||
26 | with any such permit or with any discharge
which is |
| |||||||
| |||||||
1 | subject to the provisions of subsection (f) of Section | ||||||
2 | 12 of this
Act;
| ||||||
3 | (C) make any false statement, representation, or | ||||||
4 | certification in any
form, notice, or report | ||||||
5 | pertaining to a CAAPP permit under Section 39.5 of this
| ||||||
6 | Act;
| ||||||
7 | (D) render inaccurate any monitoring device or | ||||||
8 | record required by
the Agency or Board in connection | ||||||
9 | with any CAAPP permit or with any
emission which is | ||||||
10 | subject to the provisions of Section 39.5 of this Act; | ||||||
11 | or
| ||||||
12 | (E) violate subsection 6 of Section 39.5 of this | ||||||
13 | Act or any CAAPP
permit, or term or condition thereof, | ||||||
14 | or any fee or filing requirement.
| ||||||
15 | (5) A person convicted of a violation of paragraph (4) | ||||||
16 | of this
subsection commits a Class A misdemeanor, and in | ||||||
17 | addition to any other
penalties provided by law is subject | ||||||
18 | to a fine not to exceed $10,000 for
each day of violation.
| ||||||
19 | (k) Criminal operation of a hazardous waste or PCB | ||||||
20 | incinerator.
| ||||||
21 | (1) A person commits the offense of criminal operation | ||||||
22 | of a hazardous
waste or PCB incinerator when, in the course | ||||||
23 | of operating a hazardous waste
or PCB incinerator, he | ||||||
24 | knowingly and without justification operates
the | ||||||
25 | incinerator (i) without an Agency permit, or in knowing |
| |||||||
| |||||||
1 | violation of
the terms of an Agency permit, and (ii) as a | ||||||
2 | result of such violation,
knowingly places any person in | ||||||
3 | danger of great bodily harm or knowingly
creates an | ||||||
4 | immediate or long term material danger to the public health | ||||||
5 | or
the environment.
| ||||||
6 | (2) Any person who commits the offense of criminal | ||||||
7 | operation of a
hazardous waste or PCB incinerator for the | ||||||
8 | first time commits a Class 4
felony and, in addition to any | ||||||
9 | other penalties prescribed by law, shall be
subject to a | ||||||
10 | fine not to exceed $100,000 for each day of the offense.
| ||||||
11 | Any person who commits the offense of criminal | ||||||
12 | operation of a hazardous
waste or PCB incinerator for a | ||||||
13 | second or subsequent time commits a Class 3
felony and, in | ||||||
14 | addition to any other penalties prescribed by law, shall be
| ||||||
15 | subject to a fine not to exceed $250,000 for each day of | ||||||
16 | the offense.
| ||||||
17 | (3) For the purpose of this subsection (k), the term | ||||||
18 | "hazardous waste
or PCB incinerator" means a pollution | ||||||
19 | control facility at which
either hazardous waste or PCBs, | ||||||
20 | or both, are incinerated. "PCBs" means any
substance or | ||||||
21 | mixture of substances that contains one or more
| ||||||
22 | polychlorinated biphenyls in detectable amounts.
| ||||||
23 | (l) It shall be the duty of all State and local law | ||||||
24 | enforcement officers
to enforce this Act and the regulations | ||||||
25 | adopted hereunder, and all such
officers shall have authority |
| |||||||
| |||||||
1 | to issue citations for such violations.
| ||||||
2 | (m) Any action brought under this Section shall be brought | ||||||
3 | by the
State's Attorney of the county in which the violation | ||||||
4 | occurred, or by the
Attorney General, and shall be conducted in | ||||||
5 | accordance with the applicable
provisions of the Code of | ||||||
6 | Criminal Procedure of 1963.
| ||||||
7 | (n) For an offense described in this Section, the period | ||||||
8 | for
commencing prosecution prescribed by the statute of | ||||||
9 | limitations shall not
begin to run until the offense is | ||||||
10 | discovered by or reported to a State or
local agency having the | ||||||
11 | authority to investigate violations of this Act.
| ||||||
12 | (o) In addition to any other penalties provided under this
| ||||||
13 | Act, if a person is convicted of (or agrees to a settlement in | ||||||
14 | an enforcement
action over) illegal dumping of waste on the | ||||||
15 | person's own property, the
Attorney General, the Agency, or | ||||||
16 | local prosecuting authority shall file notice
of the | ||||||
17 | conviction, finding, or agreement in the office of the Recorder | ||||||
18 | in the
county in which the landowner lives.
| ||||||
19 | (p) Criminal Disposal of Waste.
| ||||||
20 | (1) A person commits the offense of Criminal Disposal | ||||||
21 | of Waste when he or
she:
| ||||||
22 | (A) if required to have a permit under subsection |
| |||||||
| |||||||
1 | (d)
of Section 21 of this Act, knowingly conducts a | ||||||
2 | waste-storage, waste-treatment,
or
waste-disposal | ||||||
3 | operation in a quantity that exceeds 250 cubic feet of | ||||||
4 | waste
without a permit; or
| ||||||
5 | (B) knowingly conducts open dumping of waste in | ||||||
6 | violation of subsection
(a) of
Section 21 of this Act.
| ||||||
7 | (2) (A) A person who is convicted of a violation of | ||||||
8 | subparagraph (A) of
paragraph (1) of this subsection is | ||||||
9 | guilty of a Class 4 felony for a first
offense
and, in
| ||||||
10 | addition to any other penalties provided by law, is subject | ||||||
11 | to a fine not to
exceed $25,000 for each day of violation.
| ||||||
12 | A person who is convicted of a violation of subparagraph | ||||||
13 | (A) of paragraph (1) of this
subsection is guilty of a | ||||||
14 | Class 3 felony for a second or subsequent offense
and, in | ||||||
15 | addition to any other penalties provided by law, is subject | ||||||
16 | to a fine
not to exceed $50,000 for each day of violation.
| ||||||
17 | (B) A person who is convicted of a
violation of | ||||||
18 | subparagraph (B) of paragraph
(1) of this subsection is | ||||||
19 | guilty of a Class A misdemeanor.
However, a person who | ||||||
20 | is convicted of a violation of subparagraph
(B) of
| ||||||
21 | paragraph (1) of this
subsection for the open dumping | ||||||
22 | of waste in a quantity that exceeds 250 cubic
feet or | ||||||
23 | that exceeds 50 waste tires is guilty of a Class 4 | ||||||
24 | felony
and, in
addition to any other penalties provided | ||||||
25 | by law, is subject to a fine not to
exceed $25,000 for | ||||||
26 | each day of violation.
|
| |||||||
| |||||||
1 | (q) Criminal Damage to a Public Water Supply. | ||||||
2 | (1) A person commits the offense of Criminal Damage to | ||||||
3 | a Public Water Supply when, without lawful justification, | ||||||
4 | he knowingly alters, damages, or otherwise tampers with the | ||||||
5 | equipment or property of a public water supply, or | ||||||
6 | knowingly introduces a contaminant into the distribution | ||||||
7 | system of a public water supply so as to cause, threaten, | ||||||
8 | or allow the distribution of water from any public water | ||||||
9 | supply of such quality or quantity as to be injurious to | ||||||
10 | human health or the environment. | ||||||
11 | (2) Criminal Damage to a Public Water Supply is a Class | ||||||
12 | 4 felony. In addition to any other penalties prescribed by | ||||||
13 | law, a person convicted of the offense of Criminal Damage | ||||||
14 | to a Public Water Supply is subject to a fine not to exceed | ||||||
15 | $250,000 for each day of such offense.
| ||||||
16 | (r) Aggravated Criminal Damage to a Public Water Supply. | ||||||
17 | (1) A person commits the offense of Aggravated Criminal | ||||||
18 | Damage to a Public Water Supply when, without lawful | ||||||
19 | justification, he commits Criminal Damage to a Public Water | ||||||
20 | Supply while knowing that he thereby places another person | ||||||
21 | in danger of serious illness or great bodily harm, or | ||||||
22 | creates an immediate or long-term danger to public health | ||||||
23 | or the environment. | ||||||
24 | (2) Aggravated Criminal Damage to a Public Water Supply |
| |||||||
| |||||||
1 | is a Class 2 felony. In addition to any other penalties | ||||||
2 | prescribed by law, a person convicted of the offense of | ||||||
3 | Aggravated Criminal Damage to a Public Water Supply is | ||||||
4 | subject to a fine not to exceed $500,000 for each day of | ||||||
5 | such offense.
| ||||||
6 | (s) Criminal Disposal of PCBs. | ||||||
7 | (1) A person commits the offense of criminal disposal | ||||||
8 | of PCBs when, without lawful justification, he knowingly | ||||||
9 | violates Section 21.7 of this Act. | ||||||
10 | (2) Criminal Disposal of PCBs is a Class 3 felony. In | ||||||
11 | addition to any other penalties prescribed by law, a person | ||||||
12 | convicted of the offense of Criminal Disposal of PCBs is | ||||||
13 | subject to a fine not to exceed $250,000 for each day of | ||||||
14 | such offense. | ||||||
15 | (Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; | ||||||
16 | 97-286, eff. 8-10-11; revised 9-2-11.)".
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
|