Bill Text: IL SB2657 | 2013-2014 | 98th 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. Makes a change to the filing requirements for a person seeking a variance. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0822 [SB2657 Detail]

Download: Illinois-2013-SB2657-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:
(30 ILCS 105/5.250 rep.)
Section 2. The State Finance Act is amended by repealing
Section 5.250.
Section 3. The Solid Waste Site Operator Certification Law
is amended by changing Section 1011 as follows:
(225 ILCS 230/1011) (from Ch. 111, par. 7861)
Sec. 1011. Fees.
(a) Fees for the issuance or renewal of a Solid Waste Site
Operator Certificate shall be as follows:
(1)(A) $400 for issuance or renewal for Class A Solid
Waste Site Operators; (B) $200 for issuance or renewal for
Class B Solid Waste Site Operators; and (C) $100 for
issuance or renewal for special waste endorsements.
(2) If the fee for renewal is not paid within the grace
period the above fees for renewal shall each be increased
by $50.
(b) Before the effective date of this amendatory Act of the
98th General Assembly, all All fees collected by the Agency
under this Section shall be deposited into the Hazardous Waste

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Occupational Licensing Fund. The Agency is authorized to use
monies in the Hazardous Waste Occupational Licensing Fund to
perform its functions, powers, and duties under this Section.
On and after the effective date of this amendatory Act of
the 98th General Assembly, all fees collected by the Agency
under this Section shall be deposited into the Environmental
Protection Permit and Inspection Fund to be used in accordance
with the provisions of subsection (a) of Section 22.8 of the
Environmental Protection Act.
(Source: P.A. 86-1363.)
Section 5. The Environmental Protection Act is amended by
changing Sections 22.8, 37, and 44 as follows:
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
Sec. 22.8. Environmental Protection Permit and Inspection
Fund.
(a) There is hereby created in the State Treasury a special
fund to be known as the Environmental Protection Permit and
Inspection Fund. All fees collected by the Agency pursuant to
this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
56.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act
or pursuant to Section 22 of the Public Water Supply Operations
Act or Section 1011 of the Solid Waste Site Operator
Certification Law, as well as and funds collected under
subsection (b.5) of Section 42 of this Act shall be deposited

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into the Fund. In addition to any monies appropriated from the
General Revenue Fund, monies in the Fund shall be appropriated
by the General Assembly to the Agency in amounts deemed
necessary for manifest, permit, and inspection activities and
for performing its functions, powers, and duties under the
Solid Waste Site Operator Certification Law processing
requests under Section 22.2 (j)(6)(E)(v)(IV).
The General Assembly may appropriate monies in the Fund
deemed necessary for Board regulatory and adjudicatory
proceedings.
(a-5) As soon as practicable after the effective date of
this amendatory Act of the 98th General Assembly, but no later
than January 1, 2014, the State Comptroller shall direct and
the State Treasurer shall transfer all monies in the Industrial
Hygiene Regulatory and Enforcement Fund to the Environmental
Protection Permit and Inspection Fund to be used in accordance
with the terms of the Environmental Protection Permit and
Inspection Fund.
(a-6) As soon as practicable after the effective date of
this amendatory Act of the 98th General Assembly, but no later
than December 31, 2014, the State Comptroller shall order the
transfer of, and the State Treasurer shall transfer, all moneys
in the Hazardous Waste Occupational Licensing Fund into the
Environmental Protection Permit and Inspection Fund to be used
in accordance with the terms of the Environmental Protection
Permit and Inspection Fund.

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(b) The Agency shall collect from the owner or operator of
any of the following types of hazardous waste disposal sites or
management facilities which require a RCRA permit under
subsection (f) of Section 21 of this Act, or a UIC permit under
subsection (g) of Section 12 of this Act, an annual fee in the
amount of:
(1) $35,000 ($70,000 beginning in 2004) for a hazardous
waste disposal site receiving hazardous waste if the
hazardous waste disposal site is located off the site where
such waste was produced;
(2) $9,000 ($18,000 beginning in 2004) for a hazardous
waste disposal site receiving hazardous waste if the
hazardous waste disposal site is located on the site where
such waste was produced;
(3) $7,000 ($14,000 beginning in 2004) for a hazardous
waste disposal site receiving hazardous waste if the
hazardous waste disposal site is an underground injection
well;
(4) $2,000 ($4,000 beginning in 2004) for a hazardous
waste management facility treating hazardous waste by
incineration;
(5) $1,000 ($2,000 beginning in 2004) for a hazardous
waste management facility treating hazardous waste by a
method, technique or process other than incineration;
(6) $1,000 ($2,000 beginning in 2004) for a hazardous
waste management facility storing hazardous waste in a

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surface impoundment or pile;
(7) $250 ($500 beginning in 2004) for a hazardous waste
management facility storing hazardous waste other than in a
surface impoundment or pile; and
(8) Beginning in 2004, $500 for a large quantity
hazardous waste generator required to submit an annual or
biennial report for hazardous waste generation.
(c) Where two or more operational units are located within
a single hazardous waste disposal site, the Agency shall
collect from the owner or operator of such site an annual fee
equal to the highest fee imposed by subsection (b) of this
Section upon any single operational unit within the site.
(d) The fee imposed upon a hazardous waste disposal site
under this Section shall be the exclusive permit and inspection
fee applicable to hazardous waste disposal at such site,
provided that nothing in this Section shall be construed to
diminish or otherwise affect any fee imposed upon the owner or
operator of a hazardous waste disposal site by Section 22.2.
(e) The Agency shall establish procedures, no later than
December 1, 1984, relating to the collection of the hazardous
waste disposal site fees authorized by this Section. Such
procedures shall include, but not be limited to the time and
manner of payment of fees to the Agency, which shall be
quarterly, payable at the beginning of each quarter for
hazardous waste disposal site fees. Annual fees required under
paragraph (7) of subsection (b) of this Section shall accompany

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the annual report required by Board regulations for the
calendar year for which the report applies.
(f) For purposes of this Section, a hazardous waste
disposal site consists of one or more of the following
operational units:
(1) a landfill receiving hazardous waste for disposal;
(2) a waste pile or surface impoundment, receiving
hazardous waste, in which residues which exhibit any of the
characteristics of hazardous waste pursuant to Board
regulations are reasonably expected to remain after
closure;
(3) a land treatment facility receiving hazardous
waste; or
(4) a well injecting hazardous waste.
(g) The Agency shall assess a fee for each manifest
provided by the Agency. For manifests provided on or after
January 1, 1989 but before July 1, 2003, the fee shall be $1
per manifest. For manifests provided on or after July 1, 2003,
the fee shall be $3 per manifest.
(Source: P.A. 98-78, eff. 7-15-13.)
(415 ILCS 5/37) (from Ch. 111 1/2, par. 1037)
Sec. 37. Variances; procedures.
(a) Any person seeking a variance pursuant to subsection
(a) of Section 35 shall do so by filing a petition for variance
with the Board and providing a copy of the petition to the

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Agency. Any person filing such a petition shall (i) pay a
filing fee, (ii) . The Agency shall promptly give written notice
of such petition to any person in the county in which the
installation or property for which variance is sought is
located who has filed with the Board a written request for in
writing requested notice of variance petitions, the State's
attorney of such county, the Chairman of the County Board of
such county, and to each member of the General Assembly from
the legislative district in which that installation or property
is located, and (iii) shall publish a single notice of such
petition in a newspaper of general circulation in such county.
The notices required by this Section shall be in a format
prescribed by the Board and shall include the street address,
and if there is no street address then the legal description or
the location with reference to any well known landmark,
highway, road, thoroughfare or intersection.
The Agency shall promptly investigate such petition and
consider the views of persons who might be adversely affected
by the grant of a variance. The Agency shall make a
recommendation to the Board as to the disposition of the
petition. If the Board, in its discretion, concludes that a
hearing would be advisable, or if the Agency or any other
person files a written objection to the grant of such variance
within 21 days, together with a written request for hearing,
then a hearing shall be held, under the rules prescribed in
Sections 32 and 33 (a) of this Act, and the burden of proof

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shall be on the petitioner.
(b) Any person seeking a provisional variance pursuant to
subsection (b) of Section 35 shall make a request to the
Agency. The Agency shall promptly investigate and consider the
merits of the request. If the Agency fails to take final action
within 30 days after receipt of the request for a provisional
variance, or if the Agency denies the request, the person may
initiate a proceeding with the Board under subsection (a) of
Section 35.
If the Agency grants a provisional variance, the Agency
must promptly file a copy of its written decision with the
Board, and shall give prompt notice of its action to the public
by issuing a press release for distribution to newspapers of
general circulation in the county. The Board must maintain for
public inspection copies of all provisional variances filed
with it by the Agency.
(Source: P.A. 93-152, eff. 7-10-03.)
(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

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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.
(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.

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(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
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

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subparagraph (A), (B), or (C) of paragraph (1) 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 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 is subject to a fine
not to exceed $100,000 for each day of such violation, and
a person who is convicted of violating subparagraph (D) of
paragraph (1) of this subsection 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

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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.
(2) Concealment of Criminal Disposal of a Hazardous
Waste is a Class 4 felony. In addition to any other

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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 2012.
(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.

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(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.
(4.5) 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
Title XVI of this Act commits a Class 4 felony. Any second
or 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.

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(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
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 2012. It is perjury
for a person to sign any such application for a permit or
license which contains a false material statement, which he

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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 2012. 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
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;

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(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
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

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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
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

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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 (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
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

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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
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

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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
(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 (A) of paragraph (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

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(A) of paragraph (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 (B) of paragraph (1) of this subsection is
guilty of a Class A misdemeanor. However, a person who
is convicted of a violation of subparagraph (B) of
paragraph (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 penalties provided
by law, is subject to a fine not to exceed $25,000 for
each day of violation.
(q) Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Criminal Damage to
a Public Water Supply when, without lawful justification,
he knowingly alters, damages, or otherwise tampers with the
equipment or property of a public water supply, or
knowingly introduces a contaminant into the distribution
system of a public water supply so as to cause, threaten,
or allow the distribution of water from any public water
supply of such quality or quantity as to be injurious to
human health or the environment.
(2) Criminal Damage to a Public Water Supply is a Class

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4 felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Criminal Damage
to a Public Water Supply is subject to a fine not to exceed
$250,000 for each day of such offense.
(r) Aggravated Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Aggravated Criminal
Damage to a Public Water Supply when, without lawful
justification, he commits Criminal Damage to a Public Water
Supply while knowing that he thereby places another person
in danger of serious illness or great bodily harm, or
creates an immediate or long-term danger to public health
or the environment.
(2) Aggravated Criminal Damage to a Public Water Supply
is a Class 2 felony. In addition to any other penalties
prescribed by law, a person convicted of the offense of
Aggravated Criminal Damage to a Public Water Supply is
subject to a fine not to exceed $500,000 for each day of
such offense.
(Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11;
97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff.
1-25-13.)
(415 ILCS 5/57.17 rep.)
Section 8. The Environmental Protection Act is amended by
repealing Section 57.17.

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Section 10. The Public Water Supply Operations Act is
amended by changing Sections 1 and 13 and by adding Section 5.1
as follows:
(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
Sec. 1. (1) In order to safeguard the health and well-being
well being of the populace, every community water supply in
Illinois shall have on its operational staff at least one
natural person certified as competent as a water supply
operator under the provisions of this Act.
Except for exempt community water supplies as specified in
Section 9.1 of this Act, all portions of a community water
supply system shall be under the direct supervision of a
properly certified community water supply operator.
(2) The following class requirements apply:
(a) Each Class A community water supply which includes
coagulation, lime softening, or sedimentation as a part of
its primary treatment shall have in its employ at least one
natural person certified as competent as a Class A
community water supply operator. This includes all surface
water community water supplies.
(b) Each Class B community water supply which includes
filtration, aeration and filtration, or ion exchange
equipment as a part of its primary treatment shall have in
its employ at least one natural person certified as

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competent as a Class B or Class A community water supply
operator.
(c) Each Class C community water supply which utilizes
chemical feeding only shall have in its employ at least one
natural person certified as competent as a Class C, Class
B, or Class A community water supply operator.
(d) Each Class D community water supply in which the
facilities are limited to pumpage, storage, or
distribution shall have in its employ at least one natural
person certified as competent as a Class D, Class C, Class
B, or Class A community water supply operator.
(2.5) The Agency may adopt rules that classify or
reclassify community water supplies as Class A, Class B, Class
C, or Class D community water supplies. A community water
supply that cannot be clearly classified under Section 5.1 or
Agency rules shall grouped according to this Section will be
considered individually and designated, in writing, by the
Agency, as a Class A, Class B, Class C, or Class D community
water supply within one of the above groups by the Agency.
Classifications made under this subsection (2.5) shall This
determination will be based on the nature of the community
water supply and on the education and experience necessary to
operate it.
(3) A community water supply may satisfy the requirements
of this Section by contracting the services of a properly
qualified certified operator of the required class or higher,

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as specified in subsection (2). A written agreement to this
effect must be on file with the Agency certifying that such an
agreement exists, and delegating responsibility and authority
to the contracted party. This written agreement shall be signed
by both the certified operator to be contracted and the
responsible community water supply owner or official custodian
and must be approved in writing by the Agency.
(Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16,
eff. 6-28-01.)
(415 ILCS 45/5.1 new)
Sec. 5.1. Class definitions. Except as otherwise provided
by Agency rules adopted pursuant to subsection (2.5) of Section
1 of this Act:
"Class A community water supply" means (i) any surface
water community water supply and (ii) any community water
supply that includes coagulation, lime softening, ultraviolet
disinfection, membrane filtration, or sedimentation as a part
of its primary treatment.
"Class B community water supply" means any community water
supply that includes filtration (other than membrane
filtration), aeration and filtration (other than membrane
filtration), or ion exchange equipment as a part of its primary
treatment.
"Class C community water supply" means any community water
supply that uses chemical feeding as its only form of

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treatment.
"Class D community water supply" means any community water
supply that has only pumpage, storage, or distribution
facilities.
(415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
Sec. 13. Community Water Supply Operators shall be
certified in accordance with the following classifications:
(a) A "Class A" Water Supply Operator Certificate shall be
issued to those persons who, in accordance with the provisions
of Sections 1 through 23 of this Act, demonstrate the necessary
skills, knowledge, ability, and judgment that are necessary to
operate a Class A community water supply in a manner that will
provide safe, potable water for human consumption, as well as
the skills, knowledge, ability, and judgment necessary to
operate Class B, Class C, and Class D community water supplies
of the chemical, biological, and physical sciences essential to
the practical mechanics of coagulation, lime softening, and
sedimentation, and distribution in a manner that which will
provide safe, potable water for human consumption. This
includes all surface water community water supplies. The
operators will also demonstrate the necessary skills,
knowledge, ability, and judgment of the treatment processes
outlined in Sections 13 (b), 13 (c), and 13 (d) of this Act.
(b) A "Class B" Water Supply Operator Certificate shall be
issued to those persons who, in accordance with the provisions

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of Section 1 through 23 of this Act, demonstrate the necessary
skills, knowledge, ability, and judgment that are necessary to
operate a Class B community water supply in a manner that will
provide safe, potable water for human consumption, as well as
the skills, knowledge, ability, and judgment necessary to
operate Class C and Class D community water supplies of the
chemical, biological, and physical sciences essential to the
practical mechanics of filtration, aeration and filtration,
and ion exchange systems, and distribution in a manner that
which will provide safe, potable water for human consumption.
The operators will also demonstrate the necessary skills,
knowledge, ability, and judgment of the treatment processes
outlined in Sections 13 (c) and 13 (d) of this Act.
(c) A "Class C" Water Supply Operator Certificate shall be
issued to those persons who, in accordance with the provisions
of Sections 1 through 23 of this Act, demonstrate the necessary
skills, knowledge, ability, and judgment that are necessary to
operate a Class C community water supply in a manner that will
provide safe, potable water for human consumption, as well as
the skills, knowledge, ability, and judgment necessary to
operate a Class D community water supply of the chemical,
biological, and physical sciences essential to the practical
mechanics of chemical feeding and disinfection and
distribution in a manner that which will provide safe, potable
water for human consumption. The operators will also
demonstrate the necessary skills, knowledge, ability, and

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judgment of the treatment processes outlined in Section 13 (d)
of this Act.
(d) A "Class D" Water Supply Operator Certificate shall be
issued to those persons who, in accordance with the provisions
of Sections 1 through 23 of this Act, demonstrate the necessary
skills, knowledge, ability, and judgment that are necessary to
operate a Class D community water supply of the chemical,
biological, and physical sciences essential to the practical
mechanics of pumpage, storage, and distribution in a manner
that which will provide safe, potable water for human
consumption.
(Source: P.A. 91-84, eff. 7-9-99.)
(525 ILCS 25/10 rep.)
Section 30. The Illinois Lake Management Program Act is
amended by repealing Section 10.
Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 2 takes effect on January 1,
2015.