HB4268 93RD GENERAL ASSEMBLY

LRB093 15952 BDD 46440 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4268

Introduced 1/29/2004, by John A. Fritchey

SYNOPSIS AS INTRODUCED:

415 ILCS 5/25b-2	from Ch. 111 1/2, par. 1025b-2
415 ILCS 5/25d-1 new
415 ILCS 5/25d-2 new
415 ILCS 5/25d-3 new
415 ILCS 5/25d-4 new
415 ILCS 5/25d-5 new

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to give notice concerning: (i) toxic chemical release forms received through the federal government; (ii) violations of the Environmental Protection Act; (iii) remedial actions; (iv) contamination information provided by the federal government; or (v) any other contamination. Sets forth the requirements for the notice. Provides that the Agency is not liable for the accuracy, availability, or use of the information provided in the notice. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning environmental protection.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by changing Section 25b-2 and by adding Sections 25d-1, 25d-2, 25d-3, 25d-4, and 25d-5 as follows:

(415 ILCS 5/25b-2) (from Ch. 111 1/2, par. 1025b-2)

Sec. 25b-2. (a) Facilities which are required to file toxic chemical release forms with the State pursuant to Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986 shall file such forms with the Illinois Environmental Protection Agency.

(b) Beginning October 1, 2004, the Agency shall make available, through its website, a searchable database of all toxic chemical release forms it has received pursuant to Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986 and shall make available, through its website, the United States Environmental Protection Agency's searchable data bases identifying listed locations where the presence of hazardous substances have been identified pursuant to the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) either in the CERCLA Information System list or the National Contingency Plan list, pursuant to 40 CFR Part 300. Furthermore, the The Agency shall make toxic chemical release forms available to the public for inspection and copying during regular business hours and, upon written request, shall send copies of such forms by mail to any resident of the State.

(Source: P.A. 85-927.)

(415 ILCS 5/25d-1 new)

Sec. 25d-1. Notification of violations of the Act.

(a) Whenever the Agency issues a notice pursuant to Section 31 of this Act and as a result of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment any of the items listed in item (2)(A) of subsection (b) subsequently initiates an enforcement action or enters into a Compliance Commitment Agreement, as defined by Title VII of this Act, it shall post information regarding the enforcement action or Compliance Commitment Agreement on its website.

(b) The information shall be posted on the website within 30 days after when the Agency initiates the enforcement action or enters into a Compliance Commitment Agreement. The information shall contain, at a minimum, the following:

(1) The address and physical description of the site or sites subject to the enforcement action or Compliance Commitment Agreement; and

(2) A brief description of the events alleged to have occurred that led to an enforcement action or entering into a Compliance Commitment Agreement, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing any of the items listed in item (A) above into or onto the land, water, or air.

(3) The case number of the enforcement action.

(c) Whenever the Agency issues a notice pursuant to Section 31 of this Act and as a result of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of any of the items listed in item (2)(A) of subsection (b) subsequently initiates an enforcement action or enters into a Compliance Commitment Agreement, as defined by Title VII of this Act, the Agency shall give notice to all households and businesses within 2,500 feet of the site subject to the enforcement action or a Compliance Commitment Agreement. Notice shall occur within 60 days after the date that the Agency initiates an enforcement action or enters into a Compliance Commitment Agreement. Notice shall be given, at a minimum, by direct mailing to households and businesses and by notice in a local newspaper of general circulation. The notice shall contain information similar to that called for in subsection (b) above. The duties of this subsection are in addition to the duties required by subsection (b).

(415 ILCS 5/25d-2 new)

Sec. 25d-2. Notification of remedial actions.

(a) Whenever the Agency first becomes aware of a site or sites undergoing remedial action, as defined by Title XVII of this Act, it shall post information regarding the remedial action on its website.

(b) The information shall be posted on the website within 30 days after the date that the Agency first becomes aware of the remedial action. The information shall contain, at a minimum, the following:

(1) The address and physical description of the site or sites undergoing remedial action;

(2) A brief description of the events alleged to have occurred that led to an enforcement action or entering into a Compliance Commitment Agreement, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any of the items listed in item (A) above into or onto the land, water, or air; and

(3) The case number of the remedial action.

(c) Whenever the Agency first becomes aware of a site or sites undergoing remedial action, as defined by to Title XVII of this Act, the Agency shall give notice to all households and businesses within 2,500 feet of the site subject to the remedial action. Notice must occur within 60 days after the date that the Agency first becomes aware of a site or sites undergoing remedial action, as defined by Title XVII of this Act. Notice shall be given, at a minimum, by direct mailing to households and businesses and by notice in a local newspaper of general circulation. The notice shall contain information similar to that called for in subsection (b) above. The duties of this subsection are in addition to the duties required by subsection (b) above.

(415 ILCS 5/25d-3 new)

Sec. 25d-3. Notification of federal actions.

(a) Whenever the Agency becomes aware, pursuant to notification required by the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9603(a) and 9603(c), pursuant to actions undertaken under CERCLA, 42 U.S.C. § 9604(a) or listing pursuant to the National Contingency Plan, or pursuant to any action for judicial relief undertaken pursuant to the federal Solid Waste Act, 42 U.S.C. §§ 6973 or 6972(a), of the existence of the presence of a contaminant or hazardous substance that may pose an imminent or substantial endangerment to human health or the environment, then the Agency shall give notice to all households and businesses within 2,500 feet of the contamination. Notice shall be given, at a minimum, by direct mailing to households and businesses, posting on the Agency's website, and notice in a local newspaper of general circulation.

(b) The notice must contain, at a minimum, the following:

(1) The address and physical description of the site or sites undergoing remedial or removal action or for which remedial or removal action is sought;

(2) A brief description of the circumstances alleged to be present that led to the remedial action or listing for enforcement action, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing any of the items listed in item (A) above into or onto the land, water, or air; and

(3) Information regarding any potential adverse health effects posed by the contamination.

(415 ILCS 5/25d-4 new)

Sec. 25d-4. Notification of other contamination.

(a) Whenever the Agency has confirmed, through sound scientific methods, the presence of an environmental contaminant that exceeds the applicable federal or State health and safety standards and that may pose an imminent or substantial endangerment to human health or the environment, then the Agency shall give notice to all households and businesses within 2,500 feet of the contamination. Notice shall be given, at a minimum, by direct mailing to households and businesses, posting on the Agency's website, and notice in a local newspaper of general circulation.

(b) The notice shall contain, at a minimum, the following:

(1) The address and physical description of the site or sites undergoing remedial action;

(2) A brief description of the events alleged to have occurred that led to the remedial action, including, but not limited to:

(A) the presence of any waste, special waste, potentially infectious medical waste, pollution control waste, industrial process waste, hazardous waste, hazardous substance, or contaminant; and

(B) whether there was any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing any of the items listed in item (A) above into or onto the land, water, or air; and

(c) Information regarding any potential adverse health effects posed by the contamination.

(d) The requirements of this Section shall not apply in instances where the Agency has already given notice under Sections 25d-1, 25d-2, or 25d-3.

(415 ILCS 5/25d-5 new)

Sec. 25d-5. Liability. The Agency is not liable for the accuracy, availability, or use of the information provided under Sections 25d-1, 25d-2, 25d-3, or 25d-4.

Section 99. Effective date. This Act takes effect upon becoming law.