415 ILCS 5/44
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title XII - Penalties

 (from Ch. 111 1/2, par. 1044)Sec. 44. Criminal acts; penalties.(a) Except as otherwise provided in this Section, it shall be  a Class A misdemeanor to violate this Act or  regulations thereunder, or any permit or term or condition thereof, or  knowingly to submit any false information under this Act or regulations  adopted thereunder, or under any permit or term or condition thereof.  A court may, in addition to any other penalty herein imposed, order a person  convicted of any violation of this Act to perform  community service for not less than 100 hours and not more than 300 hours if  community service is available in the jurisdiction.  It shall be the duty of all State and local law-enforcement officers to  enforce such Act and regulations, and all such officers shall have  authority to issue citations for such violations.(b) Calculated Criminal Disposal of Hazardous Waste.(1) A person commits the offense of Calculated     Criminal Disposal of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste while knowing that he thereby places another person in danger of great bodily harm or creates an immediate or long-term danger to the public health or the environment.(2) Calculated Criminal Disposal of Hazardous Waste     is a Class 2 felony. In addition to any other penalties prescribed by law, a person convicted of the offense of Calculated Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $500,000 for each day of such offense.(c) Criminal Disposal of Hazardous Waste.(1) A person commits the offense of Criminal Disposal     of Hazardous Waste when, without lawful justification, he knowingly disposes of hazardous waste.(2) Criminal Disposal of Hazardous Waste is a Class 3     felony.  In addition to any other penalties prescribed by law, a person convicted of the offense of Criminal Disposal of Hazardous Waste is subject to a fine not to exceed $250,000 for each day of such offense.(d) Unauthorized Use of Hazardous Waste.(1) A person commits the offense of Unauthorized Use     of Hazardous Waste when he, being required to have a permit, registration, or license under this Act or any other law regulating the treatment, transportation, or storage of hazardous waste, knowingly:(A) treats, transports, or stores any hazardous         waste without such permit, registration, or license;(B) treats, transports, or stores any hazardous         waste in violation of the terms and conditions of such permit or license;(C) transports any hazardous waste to a facility         which does not have a permit or license required under this Act; or(D) transports by vehicle any hazardous waste         without having in each vehicle credentials issued to the transporter by the transporter's base state pursuant to procedures established under the Uniform Program.(2) A person who is convicted of a violation of     subparagraph (A), (B), or (C) of paragraph (1) 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 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 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.(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.(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 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;(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 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         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 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 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 (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 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. 97-220, eff. 7-28-11; 97-286, eff. 8-10-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-822, eff. 8-1-14.)