HB 2001 — IEPA-OPEN DUMPING-PENALTIES

HB2001 EngrossedEnrolled LRB097 09891 JDS 50051 b AN ACT concerning safety.

(1) A person commits the offense of Calculated Criminal HB2001 EngrossedEnrolled - 2 - LRB097 09891 JDS 50051 b 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.

(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 HB2001 EngrossedEnrolled - 3 - LRB097 09891 JDS 50051 b regulating the treatment, transportation, or storage of hazardous waste, knowingly:

In addition to any other penalties prescribed by law, a person convicted of violating subparagraph (A), (B), or (C) of paragraph (1) of this subsection subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine not to exceed $100,000 for each day of such violation, and a person who HB2001 EngrossedEnrolled - 4 - LRB097 09891 JDS 50051 b is convicted of violating subparagraph (D) of paragraph (1) of this subsection subdivision (1)(D) is subject to a fine not to exceed $1,000.

(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 HB2001 EngrossedEnrolled - 5 - LRB097 09891 JDS 50051 b 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.

(1) Any person who knowingly makes a false material statement in an application for a permit or license HB2001 EngrossedEnrolled - 6 - LRB097 09891 JDS 50051 b 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.

(5) Any person who knowingly destroys, alters, or HB2001 EngrossedEnrolled - 7 - LRB097 09891 JDS 50051 b 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 person who, after being convicted under this paragraph (8), violates this HB2001 EngrossedEnrolled - 8 - LRB097 09891 JDS 50051 b paragraph (8) a second or subsequent time, commits a Class 3 felony.

(D) any filing requirement, regulation, or order HB2001 EngrossedEnrolled - 9 - LRB097 09891 JDS 50051 b relating to the State Underground Injection Control (UIC) program;

(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 HB2001 EngrossedEnrolled - 10 - LRB097 09891 JDS 50051 b violation.

(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 HB2001 EngrossedEnrolled - 11 - LRB097 09891 JDS 50051 b 12 of this Act;

(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 HB2001 EngrossedEnrolled - 12 - LRB097 09891 JDS 50051 b 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.

(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 HB2001 EngrossedEnrolled - 13 - LRB097 09891 JDS 50051 b to issue citations for such violations.

(A) if required to have a permit under subsection HB2001 EngrossedEnrolled - 14 - LRB097 09891 JDS 50051 b (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;

However, a person who is convicted of a second or subsequent violation of subparagraph item (B) of paragraph subdivision (1) of this subsection for the open dumping of waste in a quantity that exceeds 250 cubic feet or that exceeds 50 waste tires is guilty of a Class 4 felony and, in addition to any other HB2001 EngrossedEnrolled - 15 - LRB097 09891 JDS 50051 b penalties provided by law, is subject to a fine not to exceed $25,000 $5,000 for each day of violation.