§ 1-100 — Criminal offenses; penalties

Illinois § 1-100

• Jurisdiction: Illinois
• Topic: REGULATION
• Ch. 225: PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
• Act 225 ILCS 732/: Hydraulic Fracturing Regulatory Act.
• Art.: Article 1 - Hydraulic Fracturing Regulatory Act

Text

(a) Except as otherwise provided in this Section, it shall be a Class A misdemeanor to knowingly violate this Act, its rules, 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 person convicted or sentenced under this subsection (a) shall be subject to a fine of not to exceed $10,000 for each day of violation. (b) It is unlawful for a person knowingly to violate: (1) subsection (c) of Section 1-25 of this Act; (2) subsection (d) of Section 1-25 of this Act; (3) subsection (a) of Section 1-30 of this Act; (4) paragraph (9) of subsection (c) of Section 1-75 of this Act; or (5) subsection (a) of Section 1-87 of this Act. A person convicted or sentenced for any knowing violation of the requirements or prohibitions listed in this subsection (b) 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 violation. A person who commits a second or subsequent knowing violation of the requirements or prohibitions listed in this subsection (b) commits a Class 3 felony 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. (c) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Department or Agency as required by this Act, its rules, or any permit, term, or condition of a permit, commits a Class 4 felony, and each false, fictitious, or fraudulent statement or writing shall be considered a separate violation. In addition to any other penalty prescribed by law, a person in violation of this subsection (c) is subject to a fine of not to exceed $25,000 for each day of violation. A person who commits a second or subsequent knowing violation of this subsection (c) commits a Class 3 felony 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. (d) Any criminal action provided for 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 provision of the Code of Criminal Procedure of 1963. For criminal conduct in this Section, the period for commencing prosecution shall not begin to run until the offense is discovered by or reported to a State or local agency having authority to investigate violations of this Act.

Legislative History

(Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.)